(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Minutes"




San Francisco Public Library 



GOVERNMENT rNFORMATlON CHN » - n 
SAN FRANCISCO PUBUC LIBRARY 

REFERENCE BOOK 

Not to be taken from the Library 



OCT 89 m 



AGM-1094;AGM-1100 



SAN FRANCISCO ARTS COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



AGENDAS AND MINUTES 



1985-1988 



3 1223 06257 1220 
3 1223 06257 1212 



City and County of San Francisco 



Arts Commission 




Dianne Feinetein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



STREET ARTISTS PROGRAM COMMITTEE 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 

William Gaylord 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



t00m . January 29, 1985 

Main Library - Commission Room 

Larkin and McAllister Streets DOCUMENTS DEPT. 

San Francisco, California 

FEB 4 1985 

^ MINUTES 

SAN FRANCISCO 

Commissioners present: Hanson, Taliaferro'. . 

Chairman Taliaferro called the meeting to order at 2:03 p.m. 

I REQUEST BY APPLICANT FOR POSTPONEMENT IN OBTAINING CERTIFICATE 

A. Leo Mora . Program Director Lazar explained that Mr. Mora 

had been approved for certification by the Advisory Committee 
of Street Artists and Craftsmen Examiners on January 8, 1985, 
that Mr. Mora was on disability because of a spine injury, 
and that he was presently waiting for funds to pay for his 
street .artist certificate. According to the Commission's 
policy, an applicant is allowed ten office work days from 
the date of his/her screening of wares, to obtain a certifi- 
cate; Mr. Mora was asking for an extension of time. 

Commissioner Hanson moved that Mr. Mora be provided with a 
one-month postponement (from the date of Arts Commission 
action) in obtaining a certificate. The motion was seconded 
by Commissioner Taliaferro and unanimously approved. 



II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Hamish Thompson - Certificate #2585 expired October 31, 198*f; 
Mr. Thompson's request for priority was received on January 16, 
I985. Commissioner Hanson moved that Mr. Thompson's request 
for priority in issuance of certificate be approved. The 
motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

III LEGISLATION GRANTING PRIORITY TO VETERANS 

Mr. Lazar presented the Committee with the requested legislative 
draft by the City Attorney, granting priority to veterans in 
Advisory C6mmittee action on applications for certification; 
as requested by the Commission, the draft included a provision 
for the Arts Commission to review the priority policy in a 
year and to recommend its reauthorization to the Board of 
Supervisors (a "sunset provision'.'). Commissioner Hanson moved 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



Cdntinued 

SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - 1/29/85 Minutes Page 2 



that the legislation from the City Attorney granting priority to 
veterans in Advisory Committee action on applications for street 
artist certificates be approved. The motion was seconded by Com- 
missioner Taliaferro and unanimously approved. 

IV AMENDMENTS TO HARING PROCEDURE OF STREET ARTIST VIOLATIONS 

Mr. Lazar informed the Committee of a suggestion from the Board of 
Permit Appeals in a recent hearing with a street artist, that the 
Arts Commission amend its "Hearing Procedure of Street Artist 
Violations" by adding to the list of violations meriting suspension 
and revocation the violation of "conducting business in a disorderly, 
improper, or hazardous manner." On February 1, 1983i the City Attorney's 
office clarified that the Commission has "general powers applicable to 
all permit-issuing departments contained in Part III of the San 
Francisco Municipal Code," including the power to revoke a permit 
"when it shall appear that the business or calling of the person ... 
to whom it was granted is conducted in a disorderly, improper, or 
hazardous manner." The Board of Permit Appeals, in the recent 
street artist hearing, acknowledged the Commission's general powers 
but advised that the business conduct violation be listed explicitly 
in the list of violations which the Commission acts on. Mr. Lazar 
said that, after the Permit Appeals hearing, one of the Board members 
offered him the recommendation that 'the Commission's "Hearing Procedure" 
also include an explicit statement that the Commission may suspend or 
revoke a certificate for good cause. 

Commissioner Hanson moved that the City Attorney be requested to 
draft amendments to the "Hearing Procedure," relative to suspension 
or revocation of certificate for conducting business in a disorderly, 
improper, or hazardous manner and for good cause, and to advise on 
whether a provision could be included for the revocation of a certificate 
for disorderly, improper, or hazardous conduct of business without a 
previous suspension of the certificate for the same violation. The 
motion was seconded by Commissioner Taliaferro and unanimously approved. 

V RECOMMENDATION OF REVOCATION OF CERTIFICATE OF KERLENE BURKETT 

Mr. Lazar asked the Commissioners t to consider his recommendation that 
the Committee's recommendation of revocation of Kerlene Burkett's 
certificate be withdrawn due to a lack of preponderance of evidence. 
Commissioner Taliaferro moved that the recommendation of revocation 
of Kerlene Burkett's certificate be withdrawn, that Ms. Burkett be 
informed of this and also informed that the Commission will continue 
to carefully monitor her and Mr. Padilla's operation, including their 
usage of the two handicapped parking spaces at the Cliff House. The 
motion was seconded by Commissioner Hanson and unanimously approved. 

VI PROPOSAL FROM STREET ARTIST WILLIAM CLARK FOR NEW LOTTERY SYSTEM 



Continued. 



2 48543 SFPL: ECONO JRS 
133 SFPL 09/27/02 43 



STREET ARTISTS PROGRAM COMMITTEE - 1/29/85 Minutes Page 3 



Street Artist William Clark told the Committee that he wanted to 
present his proposal, open it to discussion among the artists and 
Commissioners, and that he did not intend the Committee to reach a 
decision on the proposal at this meeting. He said the purpose of 
his proposed lottery system was to ensure that no one would be 
able to monopolize usage of prime spaces. 

Street Artist Eunice Rodriguez presented a petition of 52 street 
artist signatures gathered, she said, in thirty minutes at the 
lottery. The petition was against any changes in the lottery at 
this time because there are not enough artists at the lottery this 
time of the year to make a decision. Mrs. Rodriguez said she did 
not feel a handful of artists should make decisions for the rest, 
and that most of the people would be back on the streets by May or 
June. She added that the people who had signed the petition were 
not necessarily opposed to Mr. Clark's proposal but were requesting 
that its adoption be held off at this time. 

Mr. Clark said that no one on the petition talked to him about his 
lottery and were not, therefore, in a position to make a valid 
judgment. He said that his proposal would have to be acted upon by 
the Arts Commission and the lottery regulations.- would have to be 
amended by the Board of Supervisors. He said he would like to see 
the change instituted by May. He was proposing one lottery. He 
said that at present there were six main lotteries and eight mini- 
lotteries per week, sixty-nine prime locations in the entire city, 
thirty-three of which are given away weekly to people helping to 
run the lottery. With his system, only ten spaces per week would 
be given to lottery helpers, thus freeing twenty-three spaces for 
the lottery. Also, combining all spaces into one lottery would 
eliminate much of the paperwork. His lottery offered the following 
usage of spaces: 100 spaces x 7 days a week = 700 spaces available 
each week; 700 spaces divided by roughly 200 artists ss3^ prime spaces 
per artist per week. The present lottery procedure would remain 
intact, with the exception that the artist would use his/her number 
for the entire week, and the last three people of the lottery would 
be the helpers for the following Sunday. The proposed concept would 
be a rationing system allocating the prime spaces equitably to 
everyone. 

The proposal was endorsed by Street Artists Guy Holman and Robert 
Stone, attending the meeting. Mr. Stone spoke of present family unit 
monopolization of spaces on Beach Street and by Neiman-Marcus. Street 
Artist Robert Clark said that the porposal would take the luck out of 
system: for every person who is lucky in the present system, there is 
someone who is not lucky. 

It was decided to continue the discussion at the Program Committee 
meeting scheduled for March, to allow time for the artists to 
explore the proposal. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 1/29/85 Minutes Page k 



VII NEW BUSINESS 

Mr. Robert Clark told the Commissioners that he contacted the City 
Attorney's office and learned that the City Attorney is processing 
the complaint against the Longshoreman's Union (for usage of their 
parking lot by vendors). He asked that the Arts Commission tell 
the City Attorney's office that it would like that office to proceed 
with seeking "an abatement of the nuisance." 

Mr. Clark told the Commissioners that he and his brother have a film 
by a Stanford student in 1971 on "the magic of the street artists." 
He requested that it be scheduled for viewing in a future Program 
Committee meeting, whenever Mr. Lazar can obtain a projector. 

The meeting adjourned at 3*30 p.m. 

Respectfully submitted: 



^X/flrtUtL <7&WA^^ 



Howard Lazar 




SP 



w" -5 



A70, 7 S" 
« Z . 



45 Hyde Street 
Suite 319 

San Erancisco. CA9*i< 
41 y 588 3463 



in Eranci' 

558 



Dlanne Feinstein 
MAYOR 

Claire N Isaacs 
DIRECTOR 

COMMISSIONERS 
Roselyne C. Swig 
President 

Dmitri Vedensky. |r. 
v/ice President 

Vernon Alley 
Timothy Duncan 
Mlliam Gaylord 
o Hanson 
Robert LaRocca 
acqueline Nemerovski 
Mlliam Paterson 
'iero Tatri 
""eter Rodriguez 
<ay Taliaferro 

X OFFICIO MEMBERS 
'residents of the 
ine Arts Museum, 
.ibrary Commission, 
'tanning Commission, 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, April 30, 1985 - 2:00 p.m. 

Public Library, Civic Center Branch DOCUMENTS DEPT. 

Lurie Room (ground floor) 

Larkin and McAllister Streets 2 . 1985 

San Francisco, California 

SAN FRANCISCO 
PUBLIC LIBRARY 
AGENDA 



I REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Beatrice Nessenson - applied November 3i 1982; requests postpone- 
ment of screening until August, I985. 

B. Joan Vogel (Cook) - applied August 20, 1982; requests postponement 
until August, I985. 

II REQUEST BY APPLICANT TO SUBMIT PAYMENT FOR CERTIFICATE AFTER GRACE 

PERIOD 

A. Janice Passant e - was screened March 26, 1985, and allotted ten 
office work days to pay for certificate; Ms. Passante called the 
office on April 11th (one day past the tenth grace period day) 
to request acceptance of her payment. 

III REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Mary Lavin - applied June 1, 198l, and did not receive notifica- 
tion of screening; her new address was submitted with her request 
for priority, April 15, 1985. 

IV REQUESTS BY FORMER CERTIFICATEHOLDERS FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Sandra O'Brien - Certificate #36 expired January 1, 1985; her 
request for priority was received by the office on April 10, I985. 

B. Michael Kute - Certificate #360 expired March 7, 1985; his payment 
for renewal was postmarked April 13, 1985 (the final grace period 
day for renewal was March 21st). 

C. Victoria White - Certificate #829 expired March 12, 1985; her pay- 
ment for renewal was postmarked April 13, 1985 (the final grace 
period day for renewal was March 26th). 

D. Gin Ku - Certificate #2809 expired March 2, 1983; his request was 
received April 2^f, 1985* 

E. William J. Ryan - Certificate #1836 expired December l*f, 1983; his 
request was received February 28, 1985« 



V STREET ARTIST PETITION FOR ARTS COMMISSION TO REQUEST RECREATION-PARK 
COMMISSION TO APPROVE 23 SELLING SPACES IN GOLDEN GATE PARK (AS 
PER BOARD OF SUPERVISORS RES. NO. 572-77) 



VI 



NEW BUSINESS 







A7C7S" 
f/so/es" 



45 Hyde Street 
Suite 319 

San Francisco. CA 94102 
415 588 3463 



STREET ARTISTS PROGRAM COMMITTEE 

April 30, 1985 

Public Library, Civic Center 

Lurie Room 

San Francisco, California 

MINUTES 



Dianne Felnstein 
MAYOR 

Claire N. Isaacs 
DIRECTOR 

COMMISSIONERS 
Roselyne C Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 
Vernon Alley 
Timothy Duncan 
William Gaylotd 
|o Hanson 
Robert LaRocca 
lacqueline Nemerovskl 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

EX OFFICIO MEMBERS 
Presidents of the 
Fine Arts Museum. 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 



DOCUMENTS DEPT. 

MAY Zl 1985 

SAN FRANCISCO 
PUBLIC LIBRARY 



Present : Commissioner Taliaferro 

Chairman Taliaferro called the meeting to order at 2:05 p.m. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. William J. Ryan - Certificate #1836 expired December 1^, 1983; 
his request was received by the Program office February 28, 1985. 
Mr. Ryan submitted a letter from his doctor and said that he had 
had a breakdown for a year and that he was feeling better now. 
"When he sold his wares as a street artist, he would sell three 
days a week, always on Beach Street. Commissioner Taliaferro 
said he would recommend approval of Mr. Ryan's request, at the 
full Commission meeting. 

B. Gin Ku - Certificate #2809 expired March 2, 1983; his request 
was received April 24, 1985. Commissioner Taliaferro reviewed 
the letter submitted on Mr. Ku's behalf by an acupuncturist 
testifying to the patient's inability to work. Mr. Ku said he 
was better now. He showed the Commissioner his paintings. Com- 
missioner Taliaferro said he would recommend approval of Mr. Ku's 
request. 

C. Sandra O'Brien - Certificate #36 expired January 1, 1985; her 
request for priority was received on April 10, 1985. Commissioner 
Taliaferro said he would recommend approval of Mrs. O'Brien's 
request. 

D. Michael Kute - Certificate #360 expired March 7» 1985; his payment 
for renewal was postmarked April 13, 1985 (the final grace period 
day for renewal was March 2lst). The Commissioner said he would 
recommend approval of Mr. Kute's request. 

E. Victoria White - Certificate #829 expired March 12, 1985; her pay- 
ment for renewal was postmarked April 13, 1985 (the final grace 
period day for renewal was March 26th). The Commissioner said 

he would recommend approval of Ms. White's request. 




II REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Beatrice Nessenson - applied November 3, 1982; requested postponement 
of screening until August, I985. Commissioner Taliaferro said he 
would recommend approval of Mrs. Nessenson 's request . 



Continued, 



aBz^T; pjeiAOjj 
:paq.q.xuiqns jCxiniq-oadsay; 



•urd o£:<? T 6 psujmoPp-e 3uxq.aara aqj. 



•paAoadde 

aq q.sanbaj: s,uoxq.xq.ad aqq q-eqq. puaunnooaa pxriow aq pxes .iauoxssxni 

-moo aqx, # apxoap oq. uoxssxuiraoQ sq..iy aqq. oq. dn q.x aAeax pxnoM. aq 

pxes soxixq.sng ,J: W '.£j:aq.q.ox umo Jxaqq. aABq pxnoM ^aqq. .iaqq.aqM jo 

A\iaq.q.ox .iBxnSaa aqq. jo q.aed sb saoeds £2 <3 x -s\jce& aqq. pauoxsxAua aq 

if mxq pa^SB jauoxssxtninoo aqj, # uoxq.oru:q.suoo oq. anp paq.euxmxxa 

aq oq. SuxoS qj.qm. q.aaaq.c< uos.iaiiap uo saoeds aAxj q.eqq. pjeaq peq 

aq aouxs ^xi' e T Ciac ^ sa 'a«iaqq- lias oq. paqxrejA aq q.'eqq. aauoxssxtnuioo 

aqq. pioq soxixq.sng ,J: W 'saoeds aqq. jo sbm snq.Bq.s aqq. q.eqw q.no 

puxi ptre ^ae^-oay; jo suxng a\ibh q.oi2q.uoo oq. jbzbt; aoqoajtXQ ure^Sci^ 

pa^se oaaaiBxxBjj aauoxssxuiuiOQ 'uiaqq. joi jvAOj.dd.Ta uaAxS aaAau 

peq qoxqw uoxssxannoo ^jx^-oag; aqq. jo TBAoaddB aqq. oq. q.oaCqns aaaw 

saoeds aqq. i(i^6l) LL~ZL& *°N uoxq.nxosajj Jxaqq. ux sjosxAjadng jo 

pjBog aqq. jCq paqeuSxsap uaaq peq ^jtb^ aqx^r) uapxo{) ux saoeds aajqq. 

-^q.uaMq. aqj; 'aoxiio aqq. oq. paq.q.xraqns pBq aq saxnq.euSxs ,sq.sxq.*re 

10 uoxq.xq.ad aqq. AjxaaA oq. pa-readde soxixq.sng sxuuaQ q.sxq.av qaaaq.g 

XHVd 

aivo Nacrcoo ni saovds DNinas £2 aAOddav 01 noissihwoo )&va 
-Nonvaaoaa isanoaa 01 woissiwwoo sihy soa Nomiad isiiav laaais a 

•q.sanbaa 

s , aqxressej *s^i 10 x" eA0>I( ^^' B puarainooaj: pxnoM aq pxes cuaiexxx^, 

jauoxssxuraiOQ •paq.daooe aq quauiAed jaq q/eqq q.sartbaj: oq. (Aep poxaad 

aoeaS qq.uaq. aqq. q.sed Aep auo) qq-XI Il^dy uo ao TJJ° 9l t^ pail^o 

aqxressej •sp^ iaq.Boxjxq.aao aaq as^qoand oq. s^ep ^jow aoxjio uaq. 

paq.q.oxx 6 SBM P 116 4 ^86l *92 qa-^^W pauaaaos sbm - aq-iressB^ aoxuef *v 

aOIH3d 

hdvhd Haiav aivoiaiisao aoa iNSHivd iiwans 01 iMvonddv is isanbaa ai 

•q.sanbaj: s,uxA"ex 's^j jo x^ AOj: dd B puaunuooaa px^ow aq pxx^s 
oaaaiBXT^j, aauoxsgxramoQ *^86l '^1 IT ac ^V -^q-xaoxad aoj qsanbaa 
jaq qq.XM paq.q.xraqns sew ssajppe wau aaq iSuxuaaaos aaq 10 uoxq 
-BOxjxq.ou aAxaoaa q.ou pxp pue 4 X86l l I aunp paxxdde - uxABq jCae^ «v 

aivoiiiiHao ao aoMvnssi mi niaoiad soa iMvonddv xg isanban in 

•q.sanbaa s,xaSoA. *s^ jo x^-O^ddB puaui 
-uiooaa pxnow aq pxes aauoxssxuiraoo aqj; *^86l ' qsriSny Iiqun quaui 
-auodq.sod paq.sanbaa '.2g6l '02 qsnSnv paxxdde - (^ooq) x 9 ^0A UBOf *g 



Z eS ^d saqxraxw ^Q6l '0^ IT^V ~ aaiHNWOD WVHDOHd SISIIdV ia3HJ,S 




A70.7S" 



45 Hyde Street 

Suite 319 

San Francisco. CA 94102 

415/^3463 



558 



uowUMENTS DEBT. 

AY 1 1 1985 



STREET ARTISTS PROGRAM COMMITTEE 



SAN FRANCISGQ 
PUB! IC LIBRARY 



Tuesday , May 21, 1985 

2:00 p.m. "" 

Main Library - Lurie Room (ground floor) 

Larkin and McAllister Streets 

San Francisco, California 



AGENDA 



Dianne Feinstein 
MAYOR 

Claire N Isaacs 
DIRECTOR 

COMMISSIONERS 
Roselyne C. Swig 
President 

Dmitti Vedensky. |r. 
Vice President 

Vetnon Alley 
Timothy Duncan 
William Gaylord 
|o Hanson 
Robert LaRocca 
|acqueline Nemerovskl 
William Paterson 
Piero Patri 
Petet Rodriguez 
Ray Taliaferro 

' EX OFFICIO MEMBERS 
Presidents of the 
Fine Arts Museum. 
Library Commission. 
Planning Commission. 
Recreation and Paik 
Commission 



I REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Judy C. W. Lem - applied November 4, 1982; requests postpone- 
ment of screening to May, I986. 

B. William Eales - applied September 20, 1982; requests postpone- 
ment to August, 1985. 

C. Arthur D. Boyd - applied November 1, 1982; requests postpone- 
ment to May, 1986. 

II REQUEST BY CERTIFICATE- HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

TO APPLICANT AS FAMILY UNIT MEMBER 

A. Gloria Turchi (Certificate #3032) requests priority in issuance 
of certificate to her husband as a family unit member. 

III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Ronald Allerton - Certificate #2792 expired March 2, 1985; request 
received by Program office May 14, 1985. 

B. Kathleen Wilcox - Certificate # 2751 expired July 19, 1983; request 
received August 2, 1984; request for postponement of Program Com- 
mittee hearing received by office November 16, 1984 and January 
28, 1985; new request for hearing received by office May 15, 1985 • 

IV REQUEST BY CERTIFICATE- HOLDER FOR EXTENSION OF RENEWAL BY MAIL 

A. Donna Plessner (Certificate #2228) requests a third consecutive 
renewal by mail, due to inability to be in California at time of 
next renewal (June 14). 




V REQUEST BY STAFF FOR RESOLUTION IN APPRECIATION OF SHERRI NESSENSON 

AND OTHER ARTISTS FOR THEIR FUNDRAISING TO HELP THE PEOPLE OF 
ETHIOPIA 

VI NEW BUSINESS 



City and County of San Francisco 



AcirAAA^ 



Arts Commission 




Dianne Feinstein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 

William Gaylord 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 



Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

May 21, 1985 

Main Library - Lurie Room 
Larkin and McAllister Streets 
San Francisco, California 

MINUTES 



DOCUMENTS DEPT. 

UN 2 1985 

SAN FRANCISCO 
PUBLIC LIhkARV 



Present: Commissioners Taliaferro and Hanson. 

Chairman Taliaferro called the meeting to order at 2:00 p.m. 



REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Judy C. W. Lem - applied November 4, 1982; requested post- 
ponement of screening to May, 1986. Commissioner Hanson moved 
that Ms. Lem's request be approved; the motion was seconded by 
Commissioner Taliaferro and unanimously approved. 

B. William Eales - applied September 20, 1982; requested postpone- 
ment to August, 1985. Commissioner Hanson moved that Mr. Eales' 
request be approved; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

C. Arthur D. Boyd - applied November 1, 1982; requested postpone- 
ment to May, 1986. Commissioner Hanson moved that Mr. Boyd's 
request be approved; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 



II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Kathleen Wilcox - Certificate #2751 expired July 19, 1983; 
request received by office on August 2, 1984; request for 
■ postponement of hearing received November 16, 1984, and 

January 28, 1985; new request for hearing received by office 
on May 15, 1985. Kathleen Wilcox told the Committee that she 
had been a street artist for seven years, had gotten married 
and moved to Mendocino County and gave up her certificate when 
she had a baby (Ms. Wilcox's husband continued to use his 
certificate). She decided to re-apply for a certificate but 
was unable to come to the scheduled Program Committee hearings 
due to workshop commitments. She was presently getting a 
divorce and it was mandatory that she find a job; where she 
lives is a small town which provides, she said, little op- 
portunity for employment. 

Program Director Lazar informed the Committee that on September 
2, 198l, the Art Commission approved a request by a former 



Continued. 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - May 21, 1985 Minutes Page 2 



certificate-holder on the basis that she had had to relinquish 
her certificate due to maternity leave. 

Commissioner Hanson moved that Ms. Wilcox's request be approved 
with waiver of re-screening requirement; the motion was seconded 
by Commissioner Taliaferro and unanimously approved. 

B. Ronald Allerton - Certificate #2792 expired March 2, 1985; his 
request for priority received by office on May 14, 1985. Commis- 
sioner Hanson moved that Mr. Allerton' s request be approved; the 
motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

III REQUEST BY CERTIFICATE-HOLDER FOR EXTENSION OF RENEWAL-BY-MAIL 

A. Donna Plessner - Certificate #2228; Ms. Plessner requested (in a 
letter) a third consecutive renewal-by-mail due to her inability 
to be in California at the time of her next renewal (June l*+th). 
Mr. Lazar spoke of the time a similar request had been granted 
to another artist, for two additional renewals-by-mail. In Ms. 
Plessner 's case, it was Mr. Lazar 's understanding that she would 
need only one additional renewal-by-mail. Commissioner Hanson 
moved that Ms. Plessner 's request be approved; the motion was 
seconded by Commissioner Taliaferro and unanimously approved. 

IV REQUEST BY STAFF FOR RESOLUTION IN APPRECIATION OF LINDA STARK AND 

OTHER ARTISTS FOR THEIR FUNDRAISING TO HELP THE PEOPLE OF ETHIOPIA 

Mr. Lazar referred the Committee to a letter addressed to Street 
Artist Sherri Nessenson from Catholic Relief Services, expressing 
thanks for the money collected from verious artists in response to 
the crisis in Ethiopia. Commissioner Hanson moved that the follow- 
ing resolution be approved: 

WHEREAS numerous Street Artists have generously 
contributed funds for the Ethiopian relief, 

We, the Arts Commission, hereby congratulate these 
artists and extend our appreciation to Linda Stark 
representing- the artists. 

The motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

V NEW BUSINESS 

Mr. Lazar informed the Committee that Mr. Harms had filed an appeal 
with the Board of Permit Appeals and that the case would have been 
heard on May 22nd but that it has been postponed to June 12th. Mr. 
Lazar also reported that he spoke with Officer Ray West of Central 
Station about the proliferation of vendors in the downtown and wharf 
areas under the auspices of "charitable organizations," and that 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - May 22, 1985 Minutes Page 3 

Officer West told him that charitable solicitation papers had been 
taken out with the State by the attorney of Mr. Harms on behalf of 
Mr. Harms and his vendors, under the name "San Francisco Craft 
Rehabilitation Foundation." The Police were then obligated to give 
a permit to Harms and his people to operate wherever they wish 
except in street artist spaces. Mr. Lazar said they have been operating 
close to street artist spaces in the prime areas. Because of the door 
opening for the proliferation of such vendors, Mr. Lazar said he would 
seek permission to submit legislation to the Supervisors to regulate 
these vendors. 

Commissioner Taliaferro said that the Secretary 6f State's office should 
investigate to see whether there is any craft rehabilitation taking 
place and the status of the proceeds - how much money is taken in, how 
it is allocated. The goals of any non-profit organization have to be 
stated on the form filed with the State; these goals may be investi- 
gated by the Attorney General, upon submission of a complaint, as to 
whether the goals are being met. 



The meeting adjourned at 2:35 p.m. 



Respectfully submitted: 



Howard Lazar 




A70.1S" 



45 Hyde Street 

Suite 319 

San Francisco. CA 94102 

415/5/^3463 

558 



Sf CttJ-Of. 



L. 

STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, June 25, 1985 

2:00 p.m. 

Main Library - Lurie Room (ground floor) 

Larkin and McAllister Streets 

San Francisco 



AGE 



D A 



Dianne Feinstein 
MAYOR 

Claire N Isaacs 
DIRECTOR 

COMMISSIONERS 
Roselyne C Swig 
President 

Dmitri Vedensky, |r. 
Vice President 

Vernon Alley 
Timothy Duncan 
William Gaylord 
|o Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum. 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 



HEARINGS ON ALLEGED VIOLATIONS 

A. Paul Costa, Sue Costa (#2912, 29^3 ) Alleged Violation (as per report 

submitted by Sherri Nessenson): (l) Paul Costa assault of Sherri 
Nessenson; (2) Paul and Sue Costa rumor re: Ms. Nessenson; (3) 
Paul and Sue Costa obstructing Ms. Nessenson from working in a 
sales space. 

B. Robert Wild (#1775 ) Alleged Violation: Display of items not of the 

artist's own creation, specifically commercially-manufactured 
cloisonne-type jewelry (third offense). 



II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. Armand Frederick (#2998 ) - certificate expired May 9» 1985; request 

for priority received by office May 29, 1985 . 

B. Donna K. Gray (#2^-23 ) - certificate expired May 5» 1985; request for 

priority received by office June 1*+, 1985* 

C. John Kellington (#3013 ) - certificate expired April 13> 1985; request 

for priority received by office May 28, 1985. 



Ill REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF PERMIT 

A. James Toolate - applied June 24, 1976; request for priority received 
by office May 14, 1985. 



IV NEW BUSINESS 



^JMENTS DERT. 

)N a 1985 

N FRANCISCO 
k ,«_<C LIBRARY 





45 Hyde Street 

Suite 319 

San Francisco. CA 94102 

415/^3463 

558 Present 



8fc< 



U< 



STREET ARTISTS PROGRAM COMMITTEE 

June 25, 1985 
Main Library - Lurie Room 
Larkin and McAllister Streets 
San Francisco, California 

MINUTES 



fab^Z 



Commissioners Hanson and Taliaferro 
Chairman Taliaferro called the meeting to order at 2:10 p.m. 



DOCUMENTS DEPT. 
JUL 1 5 1965 

SAM FRANUlbCO 
PUBLIC LIBRARY 



Dianne feinstein 
MAYOR 

Claire N Isaacs 
DIRECTOR 

COMMISSIONERS 

Roselyne C Swig 
President 

Dmitri Vedensky. |r 
Vice President 

Vernon Alk*y 
Timothy Duncan 
William Gaylord 
|o Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patfi 
Petet Rodriguez 
Ray Taliaferro 

EX OFFICIO MEMBERS 
Presidents of the 
fine Arts Museum. 
Library Commission. 
Planning Commission, 
Recreation and Park 
Commission 



HEARINGS ON ALLEGED VIOLATIONS 

A. Paul Costa, Sue Costa (#2912, 29-+3)« Program Director Lazar in- 
formed the Committee that he had received a report by street 
artist Sherri Nessenson that (l) Paul Costa had assaulted Ms. 
Nessenson twice on April 29, 1985; (2) Paul Costa and Sue Costa 
had spread a rumor that Ms. Nessenson had called the Police on 
them for having an oversized table; and (3) Paul and Sue Costa 
had obstructed Ms. Nessenson from working in an unassigned sales 
space on April 26, I985 and Paul Costa had threatened her. 
Mr. Lazar submitted his report with attached letter by Ms. 
Nessenson and also letter-statements submitted by witnesses 
(street artists) Calliope Ladas and Renee Lepre. While Ms. 
Ladas and Ms. Lepre were not present, Mr. Lazar said that he 
had received testimony from Ms. Ladas in an informal meeting 
he had held with Mr. Costa and Ms. Nessenson, and, because of 
Ms. Ladas' statements as a witness, Mr. Lazar felt justified 
in submitting the case to the Program Committee for a hearing. 

Sherri Nessenson related the assault incident to the Committee* 
she had been talking to Ms. Ladas behind Ms. Ladas' stand when 
Mr. Costa came by her and "rammed" her with his shoulder, causing 
her to fall against Ms. Ladas; Mr. Costa continued walking, then 
turned and came back and hit her again with his shoulder. On the 
Friday prior to this incident, said Ms. Nessenson, Mr. Costa 
tried to block her from working in an unassigned space: he put 
a board in the space and said it was for his wife, he was told by Ms, 
Nessenson to leave the space or to "burn" (use) his number for 
the space, he left the space and Ms. Nessenson sold in it. She 
added that, since the informal meeting with Mr. Lazar, Mr. Costa 
assaulted her again: he came behind her stand and swung a heavy 
case of jewelry against her leg; he also, she said, stepped on 
one of her bags of articles. 

Commissioner Taliaferro read the letter-statements by Ms. Ladas 
and Ms. Lepre. 

Ms. Rebecca Yulish told the Committee that she helps Ms. Nessenson 
set up her table in the mornings and stated that she was standing 
behind Ms. Ladas when she saw Mr. Costa assault Ms. Nessenson. 




Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 25, 1985 Minutes Page 2 



Ms. Yulish said she did not see him return. Recently, she did see 
him step on Ms. Nessenson's bag of jewelry. She told the Committee 
that she thought he was "harrassing" Ms. Nessenson. 

In answer to questions by the Committee, Mr. Costa said he did not 
agree with the accounts. He said that he had "brushed" against Ms. 
Nessenson because her chair had been in the way, he had tried to 
avoid her. He added that there was a monopoly of the spaces on 
Stockton Street, run by Ms. Nessenson, Ms. Ladas, and Ms. Peggy Reamer; 
when he started to sell jewelry, they started to harrass him. He said 
also that Ms. Nessenson uses someone to not only set up her display but 
to sell from it. In answer to the question as to why he traversed 
behind the stand and not in front of it, Mr. Costa replied that the artists 
always "use the back roads" to avoid bumping into customers. He said 
that while he had not had foul words with Ms. Nessenson, she and Ms. 
Reamer had spoken foul words to his wife . He added that the "conspiracy" 
of which he was speaking was a mini-lottery of spaces; he stated that 
he was the only one on the street fighting it. He also told the Com- 
mittee that on two definite occasions he told Ms. Nessenson to leave 
him alone, and that when she comes near him, he backs away from her. 

Mrs. Costa replied to questions by the Committee: her husbands statement 
sounded accurate to her, but she is usually not around to know what's 
going on. She was not present at the time of the alleged assault; she 
was also not around when there were alleged harsh words between her 
husband and Ms. Nessenson, though he did mention it to her. She said 
that there was competition and jealousy over the Costas because of their 
success in jewelry. 

Street artist Wayne Konkright told the Committee that Mr. Costa got 
caught "in his own lie" when he stated that he had had to walk around 
the display because of Ms. Nessenson's "stuff" whereas the incident 
occurred at Ms. Ladas 1 stand. He added that the only reason Ms. Nes- 
senson had had to speak to Mr. Costa was because she was enforcing 
the (space) occupancy rule. 

Street artist Linda Stark told the Committee about the situation of 

artists racing dangerously to the spaces leftover from the lottery 

in order to claim them, and that the unofficial lottery came about 

to not only remedy the situation but to allow the artists to save their 

regular lottery numbers to claim spaces on the following day. She added 

that the Street Artist Liaison Committee will be taking up the issue 

tomorrow and will submit a recommendation to the Program Committee. 

Street artist Peggy Reamer told the Committee about the time she had 
had words with Sue Costa. She said that what had started bad feelings 
on Stockton Street was the fact that both Sue and Paul Costa would 
enter the lotteries and very frequently Sue would be selling two days 
in a row in the same prime space, which meant that Paul gave her his 
space. Peggy, who had not been able to get a prime space, confronted 
Sue over the issue of Paul signing in for a space and giving it to Su§. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 25, 1985 Minutes Page 3 



Sue, she said, told her that her husband was parking the car; forty 
minutes later, Sue was still in the space, and Peggy called her a liar. 

Street artist Eunice Rodriguez suggested that a new lottery system be 
instituted on a daily basis, that this would solve the problems. 
Commissioner Taliaferro asked for a show of hands in the room in support 
of a daily lottery; there was a majority of hands. 

Mr. Costa told the Committee that he wanted his wife to stop being 
harrassed, that the other artists were trying to push the Costas out 
of the Program because they, the Costas, make their own jewelry and 
do not have anyone selling for them. He said that he had participated 
in the "mini-lottery", had received a good number, but had refrained 
from using it. He had just wanted to see the "lottery" work. 

Ms. Stark stated that Ms. Nessenson is handicapped and needed someone 
at her stand to help her. After the meeting with Mr. Lazar, Mr. Costa 
made references to her handicap in a foul manner. Fear and intimidation 
cannot exist in the work place. 

Mr. Costa stated that these were all lies, that he too is handicapped 
and that he was not getting a pension from the state or municipal government. 
He added that there was no physical expression of his hostility against 
Ms. Nessenson. 

Commissioner Taliaferro stated that there was enough evidence that people 
had perceived Mr. Costa's action as an assault against Ms. Nessenson. 
He did understand Mr. Costa's frustration concerning a monopoly. The 
Commissioner added that his Committee would like to see Mr. Costa agree 
to staying away from Ms. Nessenson. Commissioner Hanson said that that 
implied he walk not behind her stand. Mr. Costa replied that he would 
walk in front of the stand. 

Commissioner Hanson moved that a strong warning be given to Mr. Costa that 
he be meticulous in avoiding any physical contact with Sherri Nessenson, 
even to the extent of going out of his way so that there could not possibly 
be any allegation in the future of any hostile physical contact between 
Mr. Costa and Ms. Nessenson, and in the event Mr. Costa does not follow 
this warning and the Arts Commission receives another complaint 
against him of this nature, the Arts Commission will forthwith send the 
complaint to the District Attorney's office for handling through the 
criminal justice system. The motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

Street artist Robert Clark asked that in the future the Committee have the 
City Attorney at their meetings involving assault charges. 

B. Robert Wild (#1775) « Mr. Wild was not present. Program Director Lazar 
referred the Commissioners to his report of Mr. Wild's alleged violation: 
displaying items (commercially manufactured cloisonne-type jewelry) not 
of his own creation. According to the report, the incident constituted 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 25, 1985 Minutes Page h 



a third offense. On March 7, 1983, the Arts Commission found Mr. Wild 
in violation for displaying items not certified and not of his own 
creation, suspended the penalty, and resolved that any future violation 
of this type would warrant a one-year suspension. On October 3, 1983, 
the Commission found Mr. Wild guilty of the same violation and accordingly 
suspended his certificate for one year (November 2, 1983 - October 31, 198*+). 
The most recent violation (June 6, I985) while occurring under the Commis- 
sion's present "Hearing Procedure," represented a third offense. Under 
the present "Hearing Procedure," the penalty for a second offense is 
revocation of certificate. The photos taken by Mr. Lazar were examined. 

The Committee heard from street artist Sanford Aschinger who stated 
that the items being sold by Mr. Wild were "Taiwan cloisonne," and that 
he, Mr. Aschinger, has seen it in the wholesale houses and shops. 
Mr. Aschinger also stated that he himself makes cloisonne but could not 
possibly sell it at the prices offered by Mr. Wild. 

Commissioner Hanson moved that, based on the evidence of Mr. Wild. having 
displayed items not of his own creation, the certificate of Mr. Wild be 
revoked. The motion was seconded by Commissioner Taliaferro and unani- 
mously approved. 

The Committee asked Mr. Lazar to inform Mr. Wild of the date of the 
Commission's consideration of the recommendation. 

II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Armand Frederick (#2998) - certificate expired May 9, 1985; request for 
priority received by office on May 29, 1985. Commissioner Hanson moved 
that Mr. Frederick's request be approved. The motion was seconded by 
Commissioner Taliaferro and unanimously approved. 

B. Donna K. Gray (#2^23) - certificate expired May 5, 1985; request for 
priority received by office June 1^, 1985. Commissioner Hanson moved 
that Ms. Gray's request be approved. The motion was seconded by Commis- 
sioner Taliaferro and unanimously approved. 

C. John Kellington (#3013) - certificate expired April 13, 1985; request for 
priority received by office May 28, 1985. Commissioner Hanson moved that 
Mr. Kellington 's request be approved. The motion was seconded by Com- 
missioner Taliaferro and unanimously approved. 

D. Bertha Underwood (#3017) - certificate expired May 27, 1985; request for 
priority received June 18, I985. Commissioner Hanson moved that Ms. 
Underwoood's request be approved. The motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

Ill REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. James Toolate - applied June 2*+, 197^; request for priority received by 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - June 25, 1985 Minutes Page 5 



office June 18, 1985 • Mr. Lazar presented a photocopy of the Program's 

waiting list of applicants which showed James Toolate's name and the 

date of his application. Mr. Toolate told the Committee that he had 

been making jewelry and doing the Renaissance Fairs and other exhibitions. 

He does lost wax, brass fabrication, beadwork, and other forms. He also 

sold in Berkeley and had been a truck driver. As he had not heard from 

the Program, he decided recently to call and find out about his application. 

Commissioner Hanson moved that Mr. Toolate's request for priority be approved. 

The motion was seconded by Commissioner Taliaferro and unanimously approved. 

IV NEW BUSINESS 

Mr. Lazar informed the Committee of the recent Board of Permit Appeals 
overruling of the Arts Commission in the Terry Harms case. Because 
certain statements were made by Mr. Harms with regard to his selling 
items as a charitable solicitation organization, Mr. Lazar asked the 
Committee for authorization to spend approximately $l80 in the purchase 
of the transcript of the hearing, with the intent that the transcript 
be furnished to the Attorney General for an investigation. Commissioner 
Hanson moved that the transcript of the Terry Harms hearing before the 
Board of Permit Appeals (Appeal No. 85-110) be obtained. The motion 
was seconded by Commissioner Taliaferro and unaimously approved. 

The Committee asked that the Program investigate the issue of charitable 
solicitors selling virtually without regulation in the city's streets, 
contact the District Attorney's office, and the Police attorney, and 
to calendar the matter before the Program Committee at the next meeting. 

Commissioner Taliaferro asked the new Art Inspector, Mr. Wallace Brown, 
how his job was going during the past two weeks. Mr. Brown stated that 
he had found general compliance among the street artists, and that he 
had had to call the Police on several occasions on unlicensed vendors. 

Street artist Robert Clark said that according to the artists on Stockton 
Street, illegal merchandise is pulled back out onto the tables as soon 
as the Inspector leaves. Mr. Clark advised the Inspector to use his 
imagination and vary the direction of his appearance on the street. 

The meeting adjourned at 4:15 p.m. 

Respectfully submitted by: 



Howard Lazar 




A70,iS 

7/23/85 



45 Hyde Street 
Suite 319 

San Francisco. CA 94102 
415 558 3463 






Dianne Feinstein 
MAYOR 

Claire N. Isaacs 
DIRECTOR 

COMMISSIONERS 
Roselyne C. Swig 
President 

Dmitri Vedensky. |r. 
Vice President 

Vernon Alley 
Timothy Duncan 
William Gaylord 
|o Hanson 
Robert LaRocca 
|acquellne Nemerovskl 
William Paterson 
Piero Patrl 
Peter Rodriguez 
Ray Taliaferro 

EX OFFICIO MEMBERS 
Presidents of the 
Fine Arts Museum. 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 



/^S5&> 



DOCUMENTS DEPT. 

JUL 1 5 '1935 
SAN FRANCISCO 

STREET ARTISTS PROGRAM COMMITTEE 



Tuesday, July 25, 1985 

2:00 p.m. — 

Main Library-Civic Center 
Lurie Room (ground floor) 
Larkin and McAllister Streets 
San Francisco 



AGENDA 



I COMMUNICATION FROM CITY ATTORNEY: ARTS COMMISSION ENFORCEMENT OF 

SALES SPACE REGULATIONS; AMENDING ARTS COMMISSION HEARING 
PROCEDURE; PROVIDING FOR PENALTIES 

II HEARING ON REGULATION OF CHARITABLE SOLICITORS ON PUBLIC STREETS 

AND SIDEWALKS 

III REQUEST BY CERTIFICATE -HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

TO APPLICANT AS FAMILY UNIT MEMBER 

A. Gloria Turchi (Certificate #3032) requests priority in issuance 
of certificate to her husband as a family unit member. 

IV REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Mark Gart - Certificate #2^11 expired April 21, 1985; telephone- 
request for priority received by Program office July 12, 1985* 

V NEW BUSINESS 




m 



Hyde Street 
e319 

Francisco. CA 94102 

558 3463 






• : 



^fYRTS COMHISSIOM, 



y 

STREET ARTISTS PROGRAM COMMITTEE 



^July 23, 1985 

Main Library, Civic Center 
Lurie Room 

Larkin and McAllister Streets 
San Francisco 



/ 



■O MINUTES 



The meeting convened at 2:12 p.m. 
Commissioners Present: Taliaferro and Hanson. 



DOCUMENTS DEPT. 



.1111 3 Ota 



PUBLIC LIBRARY 



me Felnsteln 
(OR 

e N. Isaacs 
ECTOR 

tfMISSIONERS 
elyne C. Swig 
.Idem 

til Vedensky, |r. 
President 

ion Alley 

3thy Duncan 

am Caylord 

lanson 

ert LaRocca 

uellne Nemerovskl 

am Paterson 

■> Path 

•r Rodriguez 

Taliaferro 

)FFICIO MEMBERS 
idents of the 
Arts Museum, 
wy Commission, 
nlng Commission, 
eatlon and Park 
tmlsslon 



COMMUNICATION FROM CITY ATTORNEY: ARTS COMMISSION ENFORCEMENT OF SALES 
SPACE REGULATIONS; AMENDING ARTS COMMISSION HEARING PROCEDURE; 
PROVIDING FOR PENALTIES 

Commissioner Taliaferro referred to the July 5, 1985 letter from 
Deputy City Attorney Judith A. Boyajian, responding to the question 
of "whether the Commission should continue to defer to the Police 
Department for enforcement of the sales space regulations set forth 
in Section 2^05 (Ordinance ^1-83)": "... the Commission may not, by 
deferring enforcement of certain street artist regulations to another 
agency that shares enforcement powers, divest itself of its responsibility 
to ensure that all the regulations governing street artists are enforced." 
Commissioner Taliaferro stated that the non-debatable issue before his 
Committee was that all of the laws would be enforced by the Commission, 
and that, based upon instruction, by the City Attorney, the Committee 
would be making two recommendations: adding a list of violations of 
space regulations to the Commission's list of violations subject to 
penalties; and recommending penalties for the space regulation violations. 

The Commissioner went on to say that his Committee envisioned the 
Art Inspector patrolling the street artist areas with the Police, with 
an eye to enforcing all the regulations. If an artist were to be 
"cited" by the Art Inspector, the artist would have to appear before 
the Arts Commission (as Is presently done) , facing the possibility of 
suspension or revocation of certificate. If the artist were to receive 
a citation from a Police officer, and if it constituted a multiple 
infraction, the District Attorney would consider the case on a mis- 
demeanor basis, the artist facing the possiblity of going before a 
Municipal Court judge. Now, with the recent clarification of the 
City Attorney, the Art Inspector will not only look for the craft 
violations but for all violations of the street artist ordinance, and 
so will the Police. 



Commissioner Hanson moved that the Arts Commission amend its Hearing 
Procedure of Street Artist Violations; Penalties for Violations by 
adding the following to its list of violations subject to penalties, 
relevant to Part III, Section Zh of the San Francisco Municipal Code 
and Ordinance ^1-83, Section 2^0^-, 2^05, and 2^06 (street artist regula- 
tions) : 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 23, 1985 Minutes Page 2 



" 10) Conducting business in a disorderly, improper or 
or hazardous manner. 

" 11) Selling, offering for sale, or soliciting offers to 
purchase in areas not designated by the Board of Supervisors. 

" 12) Selling, offering for sale, or soliciting offers to 
purchase in areas designated by the Board of Supervisors, not 
under the jurisdiction of an officer, board, or commission of 
the City and County: 

a) More than four and one-half {h-^k) feet from 
the curb line of any sidewalk. 

b) Within eighteen (l8) inches of the curb line 
of any sidewalk. 

c) More than five (5) feet above any sidewalk. 

d) In an area more than four (k) feet long. 

e) Within seven and one-half (7-" 1 /?) feet of a 
sprinkler inlet or standpipe inlet (both wet 
and dry), measured from the outer edge of a 
standpipe bank from the building line to the 
sidewalk edge. 

f) Within twelve (12) feet from the outer edge of 
any entrance to any building including, but not 
limited to, doors, driveways, emergency exits 
measured in each direction parallel to the 
building line and thence at a 90-degree angle 
to the curb. 

g) Obstructing a fire escape underneath and 
perpendicular from building to the street 
within five (5) feet from an end of the fire 
escape. 

h) On any sidewalk adjacent to a curb which has 

been duly designated pursuant to local ordinance 
or regulation as one of the following: white 
zone; yellow zone; or bus zone. 

i) Within five (5) feet of any crosswalk. 

3) Within five (5) feet of any inflammable liquid 
vent or fill pipe, in either direction of the 
sidewalk when tanks are not being filled or 
within twenty-five (25) feet while tank is 
being filled. 

k) Within five (5) feet of the display of any other 
Street Artist. 

l) Within five (5) feet of a fire hydrant. 

m) Selling, offering for sale, or soliciting offers 
to purchase between the hours of 12:00 a.m. 

Continued. . 



STREET ARTISTS PROGRAM COMMITTEE - July 23, 1985 Minutes Page 3 



(midnight) and 6:00 a.m. of the following day. 

n) Failure to remove display and objects in an area 
designated by the Board of Supervisors by 12:00 
a.m. (midnight); placement of display or objects 
in said area prior to 6:00 a.m. of the following 
day. 

o) Selling, offering for sale, or soliciting offers 
to purchase from any vehicle. 

p) Failure to maintain for the passage of pedestrians 
a space of at least ten (10) feet in width, as 
measured on a line perpendicular to the curb line, 
between the edge of the sidewalk farthest from the 
curb and the edge of the Street Artists' activities. 
No portion of a street artist's activities shall 
be included in measuring the ten (10) foot clear 
pedestrian passageway. Not withstanding the fore- 
going, the Board of Supervisors, by resolution, 
may temporarily permit Street Artists to engage in 
their activities in specified locations where ten 
(10) feet of clear pedestrian passageway cannot 
be maintained. Such temporary permission may not 
be granted by the Board of Supervisors for any 
period exceeding eighteen months. 

" 13) Selling, offering for sale, or soliciting offers to purchase 
goods and crafts in those areas subject to the lottery without first 
obtaining a document from the Arts Commission indicating the seller 
has been chosen for the area or a document from the Arts Commission 
indicating that no lottery document is necessary for that area. 

" Ik) Selling, offering for sale, or soliciting offers to purchase 
any art or craft work without displaying Certification Card. " 

The motion was seconded by Commissioner Taliaferro. Discussion ensued. 

Street Artist Linda Stark, Chairperson of the Commission's Street Artist 
Liaison Committee on Matters of Program Budget and Personnel and President 
of the Street Artists Association, stated that until a permanent solution 
could be found to change the space size regulations and the width between 
setups, the artists needed time to work out the solution. The artists, 
she said, were basically law-abiding people. It was the loss of sales 
spaces that was the primary reason they found themselves in a Catch-22 
situation. Pier 39 had promised to yield ^0 spaces upon its completion, 
replacing the ones lost at the Wharf, but these never materialized. Ten 
spaces were lost on Leavenworth Street due to the Arts Commission's 
restriction of their usage exclusively for portrait artists. Furthermore, 
25 viable spaces on Taylor Street are unusable due to the Longshoremen's 
continual rental of their parking lot to non-artist vendors. There were 
now too many licenseholders for the amount, of available sales space. 

Ms. Stark went on to say that, to her knowledge, no judge had ever prosecuted 
any of the street artist violation cases, that it was because the City con- 
sidered it an insignificant situation. 

Continued 



STEEET ARTISTS PROGRAM COMMITTEE - July 23, I985 Minutes Page k 



Ms. Stark told the Committee that the artists had had success with 
the Board of Supervisors in obtaining exemptions of certain regulations 
enabling designation of additional spaces - examples being on Stockton 
Street (at Post) and at BART Plaza. She was, therefore, asking the 
Committee to postpone the implementation of the penalty phase of this 
matter until the Commission and the artists could come up with pro- 
posals to obtain additional viable spaces on Beach Street. She added 
that they were also interested in working with the Commission and 
the Fisherman's Wharf merchants on parking and other problems. 

Mr. Christopher Martin, President of the Fisherman's Wharf Merchants 
Association, stated that the wharf has 150 street artist spaces - a 
greater concentration of spaces than any other part of the city. He 
said that his association believed that the Street Artists Program could 
be a benefit for the city and in particular the wharf if the Program 
were to be run as an art program - that is, handmade items being sold 
on the street. His association expressed concern for years over the 
"squeezing" of 75 - 100 illegal spaces (between legal spaces). This, 
he said, made it more difficult for pedestrians to walk, while the 
competition of additional artists hurt the stores. His organization 
could live with the Program if it were run according to the laws on 
the books - especially the regulations governing the stands and the 
work being sold. Of additional concern was the parking situation, but, 
he said, that was out of the Commission's purview. He hoped that there 
would be cooperation with parking in garages. He urged the Commission 
to adopt the Committee recommendation, and added that his organization 
would lile to see the Program expand to other parts of the city. 

Commissioner Taliaferro asked Captain Lawrence Gray and Officer Raymond 
West of Central Station what the attitude of the Police would be if 
the Commission enforced the Police Code regulations. Captain Gray 
answered that the concept of the ordinance was that the people would 
police themselves, with little need for Police enforcement; but that, 
he said, has not been the case. He could not take officers off the 
heavy crime area to work this situation. He added that he had never 
found the spirit of the street artists to make the law work. He said 
he would increase officers in the area and have them work closely with 
the Commission's Art Inspector. He had asked for the Traffic Bureau 
to enforce the parking regulations. With regard to law enforcement, 
he said he had become defeatist: Beach Street has become not so 
beautiful due to violations of the ordinance. 

Mr. Bernard Averbuch of the Greater Market Street Association told the 
Commissioners that there was a similar problem of enforcement downtown 
at Powell and Market and at Union Square. He expressed hope that the 
Committee and Captain Gray would give some attention to these areas 
as well. 

Street Artist Wayne Konkright stated that just as the Longshoremen's 
Union had been granted to continue their rental of their lot because 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 23, 1985 Minutes Page 5 



of their having done so for eight years, then, on the same basis, 
the street artists should be allowed to remain as is. Because there 
are no buildings on their side of Beach Street, there was no need 
for the creation of aisles between setups and therefore there was 
room for 70 street artists. 

Street Artist Mark Monsarrat said he shared some of Mr. Martin's con- 
cerns. In the past, not all of the artists' crafts had been handmade. 
The artists did show cooperation when their Liaison Committee helped 
select the Art Inspector; Mr. Monsarrat added that they had made a 
good choice. The fault for the artists' non-compliance did not rest 
only with the artists but was due also to the Board of Permit Appeals 
overruling the decisions of the Arts Commission. Also, there were 
unlicensed peddlers and "non-profit scammers." There are less concerns 
for the public safety on Beach Street because the artists' side of 
the street is not a storefront area. The artists do not encourage 
jaywalking because there are ample crosswalks at both ends of the 
street. Berkeley, he said, has a program where there are no spaces 
between the displays. 

Mr. Alessandro Baccari, Executive Secretary of the Fisherman's Wharf 
Merchants Association, told the Committee that the present situation 
would not have risen had there not been more people using the streets, 
blocking the sidewalks - vendors, musicians, street artists. If every- 
one could abide by the laws, eliminate the need for a policeman, and 
identify the legitimate craftsmen, then the other areas could be cleaned 
up. If nothing is done now, it can only lead to an outcry for the elim- 
ination of the Program to free the streets. The merchants were talking 
about closing down the Wharf to demonstrate nationally, but, Mr. Baccari 
said, that would not be the answer. His group was asking now that the 
artists make a "noble effort" to live under the rules, and then there 
could be a cleanup of the others acting illegally. Merchants, artists, 
and Commission must work as a team to make something beautiful. They 
must work creatively. Either the Program is saved and is given credi- 
bility or a battleground is established of which no one will benefit. 

Street Artist Mark Kielty stated that part of the problem was that the 
Fisherman's Wharf Merchants Association was not able to differentiate 
between the licenseholders and those who hold no licenses. If the 
artists and the marchants could work as friends, they could get rid of the 
things bothering both sides. As a whole, he felt the Program was a 
"great thing." 

Street Artist Michael Tugendman stated that the only reason hundereds 
of street artists had been able to survive is because they had operated 
illegally. If they stayed strinctly by the rules, they would only be. 
able to work twice a week. The Program had to be- looked at historically: 
the laws had been made arbitrarily - for example, the five-foot width 
between setups could have been two feet , and no one would have become 
a criminal. The artists, he said, were forced to sell illegally. The 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 23, 1985 Minutes Page 6 



Arts Commission, he said, has not enforced it because it would have 
kept hundreds of people from making a living. 

Mr. Pat Flanigan, former President of the Fisherman's Wharf Merchants 
Association, said that the issue was the enforcement of the laws as 
they were stated on the books. It was not a matter of confrontation 
with the artists, rather a matter of whether the laws were to be en- 
forced as they were intended. 

Commissioner Taliaferro acknowledged that Mr. Flanigan' s point was the 
key issue before his Committee. 

Street Artist Phil Lawrence told the Committee that because the artists 
had sold on Beach Street for eight years and, if after a certain time, 
a custom works, it should become law. The strict enforcement of the 
law did not make sense for Beach Street. The artists should take a 
stand that the law as written does not have to do with Beach Street. 

Captain Gray said that, speaking as a citizen, he looks at Beach Street 
as one of the city's most beautiful streets and that its beauty should 
be protected. The Commission should see to that. 

Street Artist Susan Shindelka stated that if the Arts Commission had not 
licensed so many new people, the artists would not have to squeeze. 
Commissioner Taliaferro responded that the law did not provide for a limit 
on the number of certif icateholders, and that if the Commission had not 
decided to adopt its own self-imposed regulation - its "atrition" policy - 
there would be 2,500 people with licenses now. The Commission, he said, 
had done the best it could to stretch its interpretation of the imple- 
mentation of the law. 

Street Artist Denise Florian stated that the artists had lost twenty 
prime spaces seven or eight years previously due to the construction of 
the Anchorage, and the spaces had never been replaced. If those spaces 
could be re-arranged on Beach Street, the problem would not exist. Five 
feet between spaces could be reduced to two feet. 

Street Artist William Clark stated that he was an artist who was more 
than willing to comply with the rules, and that he wanted the Arts Com- 
mission, the Art Inspector, the Police and Merchants Association to know 
that he will not violate. He was more than happy to comply with the 
rules as they were; these other artists, he said, did not represent him. 
He did not want to see his livelihood taken from him because certain 
individuals have the need to continue as they are. 

Street Artist Sherri Nessenson asked the Commissioners for time to work 
it out . 

Commissioner Taliaferro said that in the beginning when the artists were 
on the streets, the merchants did not want them there until such time as 
some people stepped in, in 1972, to enact rules to legitimize the selling. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 23, 1985 Minutes Page 7 



This was why the Program was a program of the Arts Commission. Over the 
years, merchants and merchant organizations have been pleased with the 
Program's contribution to the color of the city. Merchants have helped 
the artists and the Commission amend the laws for the Program's benefit. 
From his recent contacts with street artists, the Commissioner said that 
what the artists and the merchants were asking for now was that all of 
the laws be enforced. While there may be some things that could be 
changed, the Arts Commission could not be asked to not enforce the law. 
There was no reason why the artists, merchants, and Commission could 
could not discuss changing some of the outmoded provisions - but that 
would be the next step. For now, however, notification was being given 
that all of the laws must be enforced by the Arts Commission. 

Commissioner Hanson said she was in agreement with all of the statements 
at the hearing - especially the statement that the artists should police 
themselves - but what they were seeing at the meeting was that the wrong- 
doing of a few people has made for the regulations of all the people. 
People who did not break the law were treated as criminals. She felt 
that policemen should not be dealing with street artists but with serious 
problems. Except that the street artists had created serious problems. 
She asked how her Committee would handle all the cases - last year alone 
the Committee was overwhelmed with violation cases. Most artists were 
law-abiding, but there were enough artists who were not, and it had become 
a big problem. Even if all the artists were law-abiding, the problems 
they were talking about would still exist on the streets. The Commission 
was looking for a valid art program with spirit and the excitement of 
things happening spontaneously, but the Street Artists Program was getting 
people selling store-bought items. 

Director of Cultural Affairs Claire Isaacs stated that the situation 
exemplified the meanings of three cliches: (l) "Two wrongs don't make a 
right" - the activities of the Longshoremen's lot is no excuse for 
street artist violations; (2) "Ignorance of the law is no excuse"; and 
(3) "There is the letter of the law and the spirit of the law" - the 
letter of the street artist law has been violated; if the spirit, or 
intent, of the law no longer applies to the times, we must work together 
to change it; in the meantime, Director Isaacs would advise the Commission 
that it is their responsibility to uphold the laws on the books, their 
sworn obligation. 

The motion to amend the Hearing Procedure of Street Artist, Violations was 
unanimously approved. The Commissioners clarified that while the 
additional list of violations would be subject to the Hearing Procedure's 
present penalties, the Commission would, as per the advice of the City 
Attorney, "exercise its discretion whether to suspend or revoke a street 
artist certificate for violation of the sales space regulations on a 
case-by-case basis pursuant to the Commission's powers under Police Code 
Section 2408." At the following month's meeting, the Program Committee 
would make a study of penalties with the artists and consider specific 
penalties for violation of the sales space regulations. 

Commissioner Hanson moved that the Arts Commission request the City 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - July 23, 1985 Minutes Page 8 



Attorney to prepare an amendment to Ordinance Al-83, Section 2^10, 
Criminal Violations; Penalties , said amendment to provide that a 
violation of any provision of Ordinance ^1-83 may be cited by a 
Police officer as either an infraction or a misdemeanor. The motion 
was seconded by Commissioner Taliaferro and unanimously approved. 

Street Artist Mark Monsarrat submitted a proposal for a variance on 
Beach Street between Hyde and Larkin, exempting the five-foot width 
between setups requirement. He said the artists were together 
behind the proposal. Commissioner Taliaferro said it would be 
placed on the following month's agenda. 

Commissioner Hanson stated that when she was appointed to the 
Program Committee, the Arts Commission was proposing to turn the 
Program over to the Police. The Commission, however, held on to 
it. Now there were clear indications from various City departments 
that they would want to get rid of the Program. The Commissioner 
asked the artists to spread the word through their community: if 
the irritations are not solved, it is entirely possible the Program 
could be lost. 

II HEARING ON REGULATION OF CHARITABLE SOLICITORS ON PUBLIC STREETS AND 
SIDEWALKS 

Commissioner Taliaferro said 'that he felt a judge had made a wrong 
decision in interpreting the law to allow charitable solicitors with 
non-profit papers to sell wherever they wish. The Police Department 
was challenged in its enforcement. Due to some re-thinking on the 
matter, there was a movement afoot to have the issue re-heard. If 
the ruling is to be maintained, the entire Street Artists Program 
could be lost. The District Attorney's office would be pursuing 
the subject with an eye to obtaining a new ruling. 

Director Isaacs told the Committee that she had spoken to the Mayor 
about the subject, and that the Commission, along with other depart- 
ments expressed concern over the situation hurting the Street Artists 
Program. She asked that the Commission go on record in support of 
a re-consideration of the issue. 

Commissioner Hanson moved that the Commission express its support of 
a legal re-consideration of the street sales activities of charitable 
solicitors and, if such re-consideration fails to impact on the situation, 
request the City Attorney for regulatory legislation. The motion 
was seconded by Commissioner Taliaferro and unanimously approved. 
Mr. Ed Lawson, Executive Director of the Union Square Association, 
informed the Committee that the first complaints about the charitable 
solicitors were received by his association in May. He spoke to the 
City Attorney's office and to Street Artists Program Director Lazar. 
Nothing, he said, happened until now; the Committee's action rep- 
resented the first formal step taken by any City agency as a group 
and his association welcomed that. 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - July 23, 1985 Minutes Page 9 



III REQUEST BY CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

TO APPLICANT AS FAMILY UNIT MEMBER 

A. Gloria Turchi (Certificate #3032) requested priority in the issuance 
of a certificate to her husband as a family unit member. She stated 
that when she had applied for a certificate, she had believed that 
by just signing her name on the application her husband would be 
included. The lady in the Program office didn't say anything about 
it; Ms. Turchi had mentioned to her that they both wanted to sell. 
When she finally got her certificate, she was surprised to see that 
she was the only one who could sell at this time. Her chances of 
obtaining a space in the lottery were small when competing with 200 
people. Her husband's presence on the street would make it possible 
for her to spend more time in the production of their craft: glass. 
Program Director Lazar asked the Committee to carefully consider 
that the granting of priority to Ms. Turchi 's husband would "bump" 
the next person on the waiting list to be screened and certified 
at this time, and to consider what doors may be opened in terms 
of certificate-holders adding family unit members for whom it 
would be virtually impossible to find evidence of their having "applied 
at the same time" as the certificate-holder. 

Street Artist Elizabeth Rogers told the Committee that when she was 
first certified as a street artist, she sold glass items and had 
been able to make her products and sell them on the street entirely 
by herself. 

Commissioner Hanson moved that the request by Ms. Turchi be disap- 
proved. The motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

IV REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Mark Gart - Certificate #2*U1 expired April 21, 1985; his tele- 
phone-request for priority was received by the office on July 12, 
1985. Commissioner Hanson moved that Mr. Gart's request be 
approved. The motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

B. James Brady - Certificate #295^ expired May 2*+, 1984; he ap- 
peared at the office to request priority on July 15, 1985. 
Commissioner Hanson moved that Mr. Brady's request be approved. 
The motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

C. Sultana Chisti - Certificate #2^28 expired November 7, 1980; she 
appeared at the office to request priority on July 19, 1985- 
Ms. Chisti did not appear before the Committee. Commissioner 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 23, 1985 Minutes Page 10 



Hanson moved that Ms. Chisti's request be put over to the 
next Program Committee meeting. The motion was seconded 
by Commissioner Taliaferro and unanimously approved. 



V NEW BUSINESS 

Commissioner Taliaferro instructed Art Inspector Wallace Brown to 
not concern himself with the volume of violation cases the Program 
Committee may have to hear, and to enforce all of the regulations 
with everyone. The Commissioner added that he had received 
positive reports from artists, merchants, and Police about Mr. 
Brown' s work. 



Respectfully submitted: 



Howard Lazar 




5>F 



45 Hyde Street 
Suite 319 

San Francisco, CA 94102 
415 558 3463 



SF jfiRTS e^Ai/H,sS/0^ 



^ STREET ARTISTS PROGRAM COMMITTEE 

^ Wednesday, August 28, 1985 
r ' 2:30 P.m. 
Main Library - Civic Center 
Commission - 3rd floor 
Larkin and McAllister Streets 
San Francisco, California 



^ 



AGENDA 



SALES SPACE PROPOSAL FOR BEACH STREET 



Dlanne Feinstein 
MAYOR 

Claire N Isaacs 
DIRECTOR 

COMMISSIONERS 
Roselyne C. Swig 
President 

Dmitri Vedensky, )r. 
Vice Piesident 

Vernon Alley 
Timothy Duncan 
William Gaylord 
|o Hanson 
Robert LaRocca 
lacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

EX OFFICIO MEMBERS 
Presidents of the 
Fine Arts Museum. 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 



II HEARINGS ON ALLEGED VIOLATIONS 

A. Richard Ricciardi (#1035) - alleged violation (as per complaint 
submitted to Program): Failure to occupy a space for which the 
artist has signed through the lottery; allowing another artist 
to use the space. 

B. Mitchel Rubin (#1800) - alleged violation (as per complaint 
submitted to Program): Violation of lottery 12:00 Noon Rule. 

C. Nicole Steneck (#2858) - alleged violation (as per report sub- 
mitted by Art Inspector): Failure to occupy a space for which 
the artist has signed; allowing another artist to use the space. 



Ill REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. Sultana Chisti - Certificate #2^28 expired November 7, 1980; her 
request for priority was received by the Program July 19, 1985. 
Her request put over from previous Program Committee meeting of 
July 23, 1985. 

B. Michael Paz - Certificate #228^1 expired January l8, 1982; on 
March 1, 1982 Mr. Paz wrote to request priority in issuance. 
He was scheduled to appear at March 29, 1982 Program Committee 
meeting, did not appear, was rescheduled for April 27, 1982 
meeting, did not appear, his case held over. On May 2^f, 1982, 
Program received letter from Mr. Paz in Los Angeles, stating 
inability to return to San Francisco for the following three 
months. August 5, 1985, Program received his present request 
for priority. 



IV REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Katherine Wildman - On July 22, 1985, Program received her letter 
requesting six-month postponement of screening. (The Arts Com- 
mission on October 1, 198^+, approved Ms. Wildman' s request to 
postpone screening until June, 1985.) 




NEW BUSINESS 




r 
A76,7S 



45 Hyde Street 
Suite 319 

San Francisco, CA 94102 
415 558 3463 



c5-' vc 

STREET ARTISTS PROGRAM COMMITTEE 

August 28, 1985 

Main Library, Civic Center 

Commissioners Room 

Larkin and McAllister Streets 

San Francisco, California 

MINUTES 






Commissioners present: Taliaferro, Hanson 
The meeting convened at 3'25 p.m. 



uocUMENTS DEPT. 

P 1985 

SAl>» t-KANClbCO 
PUBLIC LIBRARY 



HEARINGS ON ALLEGED VIOLATIONS 



Dlanne Feinsteln 
MAYOR 

Claire N Isaacs 
DIRECTOR 

COMMISSIONERS 
Roselyne C Swig 
President 

Dmitri Vedensky. |r. 
Vice President 

Vernon Alley 
Timothy Duncan 
William Gaylord 
|o Hanson 
Robert LaRocca 
Jacqueline Nemerovskl 
William Paterson 
Hero Patrl 
Peter Rodriguez 
Ray Taliaferro 

EX OFFICIO MEMBERS 
Presidents ol the 
Fine Arts Museum, 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 



A. Richard Ricciardi . 

B. Mitchel Rubin. Program Director Lazar submitted a letter from 
Mr. Ricciardi and Mr. Rubin, received by the office that morning, 
in which the two artists requested an extension of their hearing 
date due to having received their notification of hearing recently. 
They requested more time to prepare their case. 

It was decided to postpone the hearings of Richard Ricciardi and 
Mitchel Rubin to the following month. 

C. Nicole Steneck . Mr. Lazar read Inspector Brown's report which 
stated that on July 7i 19^5 » Ms. Steneck failed to occupy a sales 
space ("B-V') for which she had signed in the lottery and allowed 
another artist to use the space. The report also stated that 
witnesses whose names were confidential told Mr. Brown that Ms. 
Steneck "always enters the lottery and gets a number and gives it 
to a street artist named Susan who is an employee of Nicole's; 

and this gives Susan an unfair advantage in obtaining a good selling 
space daily because Susan also enters the lottery herself." At- 
tached to the report was a copy of the lottery sign up sheet for 
July 7i 1985, with the name "Nicole" and certificate "2858" appear- 
ing beside space marked "B-*f." 

Inspector Brown testified that on the morning of the lottery, a 
street artist identified Ms. Steneck to him: she was dressed in 
white pants and top and sitting on the wall for near the space 
for about thirty minutes. Mr. Brown said she left before he 
did, which was at 10:30. He returned at 1:30 and found Susan 
Ciochetto occupying the space. 

Ms. Steneck stated that she sold that day, starting at 10:30, 
and that she left at 3*30. 

Ed Steneck told the Committee that the sign up sheet verifies 
that he was set up just two spaces away from Ms. Steneck, in 
"B-6." He said he set up fairly early and saw Ms. Steneck putting 



Continued. 




STREET ARTISTS PROGRAM COMMITTEE - August 28, 1985 Minutes Page 2 



her table out at about 9:50. She left for a short while and came 
back at 10:30 - 10:^0. She was definitely, he said, present at 
2:00. He was not sure of the time when she left after 2:00. He said 
that he had mentioned to her that she had to occupy her space for a 
minimum of three hours, and that she had told him that she absolutely 
had occupied the space for that duration. Mr. Steneck said he would 
swear in court that Ms. Steneck was there for more than three hours. 
He added that if Mr. Brown was there when she was not it could have 
been because she had gone to the bathroom or been away eating. 

Commissioner Hanson asked Mr. Brown if it were possible that during 
a portion of that day he could have missed Ms. Steneck. Mr. Brown 
replied that it was possible, as he had left the area at 10:30 and 
had not returned until 1:30. 

Commissioner Taliaferro stated that his committee felt there were 
other witnesses involved who were not present at the meeting, and 
that it would be proper to put the hearing over to the next committee 
meeting in the hope that all witnesses would appear. He further re- 
marked that it was coincidental that the artist should sell at the 
precise time the Inspector was away. Street Artist Linda Stark informed 
the Committee that she, too, had seen Ms. Steneck selling that day. 
Commissioner Hanson moved to put the hearing over to the next meeting 
of the Program Committee, to allow for further investigation; the 
motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. Sultana Chisti . (Certificate #2^28 had expired November 7, 1980; 
Ms. Chisti' s request for priority was received by the Program on 
July 19, I985.) Ms. Chisto told the Committee that she had been 
pregnant at the time her certificate expired and then had to take 
care of her children for the next five years until her oldest son 
began attending school; during that time, she had also been involved 
in family problems. 

The Commissioners stated that they did not feel Ms. Chisti's reasons 
justified a five-year absence from the Program and placing her ahead 

of the waiting list. 

Commissioner Hanson moved that Ms. Chisti's request for priority be 
disapproved; the motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

B. Michael Paz . (Certificate #228*+ expired January 18, 1982. On March 1, 
1982, Mr. Paz wrote to request priority in issuance. He was scheduled 
to appear at the March 29th Program Committee meeting, did not appear, 
was rescheduled for the April 27th meeting, again did not appear, and 
his case was held over. On May 2*+, 1982, the Program received a letter 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - August 28, I985 Minutes Page 3 

from Mr. Paz in Los Angeles, stating his inability to return to 
San Francisco for the next three months and that he would send 
another letter as soon as he moved. The Program did not hear 
from him again until August 5i 1985 with the submittal of his 
request for priority.) 

Commissioner Taliaferro asked Mr. Paz why he had not appeared at 
at his scheduled hearings. Mr. Paz replied that he had never 
received the notice of hearing, that his check for renewal had 
been returned to him and that he had been told by the office that 



Program Director Lazar stated that there was evidence that Mr. Paz 
had been cognizant of his scheduled hearings and read excerpts of 
Mr. Paz's letters of 1982 requesting postponements. 

Commissioner Hanson moved that Mr. Paz's request for priority be 
disapproved; the motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

Ill SALES SPACE PROPOSAL FOR BEACH STREET 

Commissioner Taliaferro reiterated the Commission's intent to enforce 
all of the street artist laws - including the "squeezing" of displays 
between legal spaces - until such time as the laws are changed. The 
Commission had said it would entertain proposals from street artists 
as to how those laws could be changed, including proposals dealing 
with changes in sales space regulations. 

Mr. Ephraim Margolin, attorney for street artists, told the Committee 
that he and his clients intended to go to the Board pf Supervisors 
for a variance in order to diffuse a situation which has existed for 
eight years, since the building of the Anchorage. He added that the 
artists are not always united, and that he had dropped out because 
he could not, until now, represent a majority. Commissioner Taliaferro 
asked him if his Committee was about to hear a proposal for an in- 
crease in the number of street artists on Beach Street. Mr. Margolin 
replied that they were not asking for an increase on Beach Street 
nor on Jefferson Street. He went on to say that when people make 
their living by crowding in an area, and when everyone in the city 
is willing to live by that because there are higher priorities, it 
seemed to him that it would be rash and ill-considered to diminish the 
number of spaces in that area. Until they could reach an accommodation 
with Mr. Baccari and the merchants - a relationship of live and let 
live - he asked the Commissioners to recognize reality. In order to 
accommodate the valid interests of groups, he suggested that the 
Commission adopt an interim proposal that would permit the artists 
to work until the matter is resolved. His proposal provided for 
the same number of spaces (as now), it would not change the markings 
on the street, and it would permit a larger number of people selling 
legally. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - August 28, I985 Minutes Page h 



Street Artist Mark Monsarrat, author of the proposal, clarified 
that there would be ho additional artists than the number presently- 
selling. He read from his proposal: "Street artists selling on 
Beach Street and Jefferson Street shall be exempted from the five- 
foot minimum distance between displays (Section 2^05,0-11), and the 
four-foot maximum display width (Section 2^05, c-*f), provided that 
at least one foot clearance be maintained between displays at the 
borders of the numbered spaces, and that no individual display may 
exceed six and one-half feet in width." He added that the language 
was very close to that used by the Board of Supervisors when it 
created a variance for the spaces at BART Plaza. He submitted a 
map of the area, held it up for everyone in the room, and clarified 
that his proposal pertained to Beach Street by Aquatic Park and 
also by The Cannery. A photo of two street artist stands pressed 
together was submitted by Street Artist Michael Tugendman. 

Commissioner Taliaferro asked Mr. Monsarrat why the plan was sug- 
gested for Beach Street. Mr. Monsarrat replied that the require- 
ments to insure public safety are less stringent on Beach Street, 
as there are no buildings or standpipes on the street artist side 
of the street. Commissioner Taliaferro clarified with Mr. Monsarrat 
that his plan also pertained to Jefferson Street, both sides, 
Leavenworth to Hyde and to Jones. Mr. Monsarrat added that the plan, 
while providing an artist with the option to share his space with 
another artist, allowed for those artists who prefer not to share 
a space. 

Mr. Margolin stated that the present proposal would provide for 86 
legal spaces on Beach Street (between Hyde and Larkin) - doubling 
the present kj> spaces. 

Street Artist Linda Stark, President of the Street Artist Coalition 
and Chairman of the Arts Commission's Street Artist Liaison Committee, 
said that according to the law, anyone selling needs either a lottery 
document for the sales space or a document stating that no such 
document is needed for the space. The proposal accommodated those 
people sharing spaces: a card could be made up and carried by the 
artist to show to a policeman that the artist did not need a lottery 
slip since he was sharing with a person who obtained the space in 
the lottery. (Such a card, she said, would be valid only for the 
Wharf area.) 

Commissioner Taliaferro asked who would determined who would share 
a space. Mr. Monsarrat replied that it would be up to the discretion 
of the legal space holder. Commissioner Taliaferro questioned the 
fairness of the proposal. He said he was appalled at what he heard, 
that it was being proposed that an artist obtaining a space in the 
lottery could then allow his friend to sell beside him. He thought 
he would be hearing a proposal that would double the number of spaces 
in the lottery so that an artist would not have to be buddy-buddy 
with another to get a space. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 28, I985 Minutes Page 5 



Mr. Monsarrat said they also had a second plan for submittal which 
also allows for a one-foot distance between spaces but provides for 
less selling space than the first plan provides. He added that they 
favored the first plan because it allowed for an artist to leave his 
display in the care of someone else, which would curb theft. 

Mr. Margolin submitted an August 16, 1985 Chronicle article in which 
several merchants stated that businesswise it was a great year. Mr. 
Margolin said that the only people who would be out of work in the 
Wharf area would be those artists displaced from Beach Street. 

Mr. Bob Bakmaz, a Wharf merchant, asked why the present regulation 
stipulated five feet between displays. Commissioner Taliaferro responded 
that it was due to safety factors and the regulation of the numbers of 
artists, the right of motorists to park by meters, and the allowance 
for emergency vehicles. Mr. Bakmaz stated that he has a store on 
Beach Street and that the traffic there is "phenomenal" and also due to 
the lines generated by the cable car; the traffic was equal to downtown. 

Mr. Johnny Jacobs, a Wharf merchant, said there would be problems 
getting a wheelchair through a one-foot space if a wheelchair were to 
come from a car parked alongside the artists' displays. 

Mr. Jerry Cooper of the Wax Museum said that it sounded like the artists 
were proposing to put more of themselves out on the street. The sudden 
doubling of numbers, he said, would create a lot of problems like 
bringing additional numbers of cars into the area, stealing potential 
parking spaces from the artists' buyers and the merchants' buyers, and 
also increasing the artists' own competition. 

Street Artist Phil Lawrence stated that they were not proposing to 
increase the number of artists - only to legitimize the number of 
artists already there. 

Mr. Cooper stated that a lot of the artists inport stuff from Canada, 
Taiwan, and elsewhere, and that they should clean up their act and 
then come back and talk about more spaces. 

Mr. Christopher Martin, General Manager of The Cannery, stated that 
the burden of enforcement of what is an art product should not be 
a burden on the street .artists but on the Arts Commission and its 
Inspector. He added that the merchants have learned to live with the 
Program and treat it as a possible asset to the area. He had been part 
of a task force four years to help the Commission regulate the program; 
they had found people selling manufactured belt buckles and other items 
that were forcing legitimate artists out of business. There are still 
trucks coming to the Wharf early in tie morning to sell buckles and beads. 
The point is there should be more enforcement to weed out those who 
should not be in the Program. Mr. Martin responded to Mr. Margolin by 
stating that though business is better, The Cannery still has vacant 
storefronts, and there is a glut of retailing. His constituents were 
asking to see a program work as an asset to the area and were asking 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 28, 1985 Minutes Page 6 



to see cooperation with the existing law. He said they were working 
with the Arts Commission for proper enforcement to upgrade the program. 
He said he was opposed to the artists' proposal. Rather, he said, if 
the Police and the Arts Commission fully enforced the present law - 
if trucks were gotten off the street, squeezing eliminated, and 
legitimate artists selling - then the merchants would consider expand- 
ing the Program. He also stated that the addition of spaces on 
Jefferson Street now would be more intolerable for pedestrians, as 
the sidewalk is narrow and the artists are not set up legitimately. 

Commissioner Hanson stated that her Commission has made much progress 
in enforcing the work being sold - the Commission had made a decision 
to focus its attention on the quality of the Program and to defer to 
the Police to enforce the other regulations. She felt that the Commis- 
sion would not be able to enforce all of the laws and at the same time 
put its energy into upgrading the Program. In addition, she said, the 
parking problem is something the Commission cannot deal with. She had 
heard there would be an arrangement between the artists and a garage 
which would certainly help the situation. 

Mr. Martin said that one of his Association's recommendations is for 

the Commission to have three full-time inspectors. For the past two 

years, he said, there has not been a full-time inspector; it was Mr. 
Lazar filling two roles. Much ground has been lost. 

Mr. Alessandro Baccari, Executive Secretary of the Fisherman's Wharf 
Merchants Association, stated that he felt the need for everyone to 
be concentrated as a team to deal with people camouflaged as non-profit 
artists, awarded their status by the State, who can now sell among the 
street artists. In addition to the non-profit peddlers, there are 
former certificateholders, revoked certificateholders, musicians, and 
others - a rash broken out at the Wharf. If the law could be enforced 
- granted it would be a sacrifice on the part of the artists - and it 
could be shown that the Arts Commission can regulate something, and if 
a committee were made up of artists and merchants in the hope that 
the law could be carried out without overtaxing the Police, he had 
great trust in the merchants that there would be cooperation in finding 
other areas in the Wharf for the artists. As a teamm they would also 
be able to fight the non-profit laws in Sacramento. 

Captain Lawrence Gray, Central Station, S. F. P. D., stated that 
"squeezing" was a polite word for violation of the law. To be sure it 
was not a major crime; but it was a breaking of the trust of the people 
through their ordinance. Parking, he said, should be available to all 
people in the area - senior citizens, people going to lunch, customers, 
everyone. Again, the situation represented a breaking of a trust. 
He said also that Beach Street is one of the most beautiful areas in 
the citym and that across from it is a national park; he recommended 
that not only should spaces not be increased there but that there 
should be no selling there at all. 

Street Artist Michael Tugendman stated that the reason artists were 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - August 28, 1985 Minutes Page 7 



selling in illegal spaces was because the Anchorage had displaced a 
good number of spaces. If a regulation creating one foot between setups 
were in existence, the artists would not be breaking the law. They 
were here at the meeting to change the law. He added that if they 
could obtain an "A" sticker from City Hall, they could park in the 
general area, not just on Beach Street or Jefferson Street. 

Mr. Johnny Jacobs interjected that an "A" sticker would not solve the 
residents' problem. 

Street Artist Tom Gilbert i stated that the existence of T-shirt sales, 
Atari games, illegal builsings, parking lots with illegal commerce, 
and a congestion of sidewalk signs from stores are a blight on the 
Wharf which no one enforces. The street artists, in comparison, rep- 
resent a craft show. They cannot even compete with the imported 
merchandise being sold from the parking lot on Taylor Street. 

Commissioner Taliaferro said that the entire Program, as stated by the 
merchants, represented a compromise. What is faced over the years is 
that the artists have not adhered to all the rules put into place in 
order to operate the Program legally. What is faced today is a mandate 
from the Commission's legal representative, the City Attorney, to enforce 
all of tte laws. The Program was under a law which all parties had 
participated in drafting since 1972, and there was no question but to 
enforce the law as it is. The way was now clear for a committee of 
artists, merchants, and police to unite in changing the law at the 
Board of Supervisors. Until that time, the law would be enforced, 
and all parties would be encouraged to come up with something that 
everyone could support which would amend the law -• if that is to be 
their conclusion. 

Mr. Margolin urged the Commissioners to consider that the mandate of the 
Commission is to work on obtaining spaces, in accord with the ratio of 
licenses and spaces. He said he did not believe in enforcing laws 
selectively. Commissioner Taliaferro resonded that the mandate of the 
Commission is to enforce all the laws, not just "squeezing" and that 
the only reason the Committee was concentrating on that issue today 
was because the artists brought it to the Committee with their proposal. 

Mr. Margolin said he believed the Commission could not enforce one set 
of law without addressing the others. He requested the Commission's 
support before the Supervisors. He stated that he and his clients 
were willing to work with Mr. Baccari on the non-profit peddling issue 
- if those people who breach the law were stopped, there would be more 
available sales space. He suggested that the parking issue be addressed 
in a meeting with the Police; discount rates could be discussed. What 
remained bothering him was that there existed a four to one ratio of 
licenses to spaces, with the Arts Commission not seeking additional spaces, 
He stated that the Commission was not mandated to represent the merchants 
but mandated to represent a program of artists. He asked that their 
temporary proosal of space-sharing be accepted; otherwise the Commission 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 28, 1985 Minutes Page 8 



would be selectively enforcing the law (enforcing squeezing) without 
carrying out the mandate to find more spaces. 

Captain Gray reiterated his point that there should be areas reserved 
just for the people, that Beach Street was one such area. 

Street Artist Larry Rosenbloom read from an excerpt of Commissioner 
Swig's remarks at the last Commission meeting (August 5i 1985) with 
regard to the Arts Commission's effort to maintain jobs. 

Commissioner Taliaferro said that his Commission does indeed have a 
mandate to operate a Street Artists Program, but the Arts Commissioners 
are appointed to represent all of the people of San Francisco. 

Street Artist Hannelore Hayden said she did not think it was fair that 
the artists were checked by the Police two and three times a day for 
squeezing; it made her feel like a criminal. Street Artist Mary Russi 
said that if the merchants took the time to see what was on Beach Street, 
they would see that the artists' proposal does not add numbers of 
artists but legitimizes the number already there. 

Commissioner Hanson moved that the Commission request the formation 

of a committee of street artists, merchants, police and others to 

explore solutions for the problems of street artist sales activities 

and street artist vehicular parking at Fisherman's Wharf, and that 

mutually agreed upon proposals 'be reported to the Program Committee 

at its next meeting. The motion was seconded by Commissioner Taliaferro. 

Street Artist Linda Stark endorsed Commissioner Hanson's motion, but 
stressed that the artists were placed in a difficult situation due to 
the Commission's stated commencement of enforcement for September 5th. 
If the Commission's inspector begins enforcing the sales space regula- 
tions, most of the artists will be out of work. She asked that the 
resolution include an extended moratorium, as the Arts Commissioners 
had stated that if progress were made by the artists and merchants, 
the Commission would consider an extnnsion of the moratorium. 

Commissioner Hanson said that when the Commission, on August 5th, had 
voted to delay its enforcement for thirty days, it expected to hold 
its next meeting in thirty days; but now, with the holidays, the next 
meeting will be on September 10th. Therefore, she appended her motion 
as follows: "and that the commencement date of Arts Commission enforce- 
ment of sales space regulations (as per Resolution 1985-256) be extended 
to September 10, 1985, for the consideration of the meeting of the full 
Arts Commission." The motion, with this added provision, was seconded 
by Commissioner Taliaferro and unanimously approved. 

Mr. Baccari said that at no time during the previous thirty days did 
anyone bother to contact the marchants that a proposal was formulated 
which it was hoped would be granted by the Commission. If the illegal 
activities were to continue over the next thirty days, there would be 

Continued 



, 



STREET ARTISTS PROGRAM COMMITTEE - August 28, 1985 Minutes Page 9 



a lack of merchants wanting to sit down with the artists on a one-to-one 
basis in good will. On the other hand, if everyone teamed together 
on many aspects, there would be other areas geographically that could 
be looked into. 

Mr. Margolin addressed Mr. Baccari and said he would meet with him 
anytime and that he would bring representative artists whom the artists 
would select. He asked for a moratorium until they have a chance to 
talk. 

Mr. Baccari said that if the law is carried out in the next month, they 
could all look at the whole package; the merchants, he said, had to 
see some kind of evidence of the artists' carrying out the law. 

Mr. Margolin replied that if enforcement begins before they had a chance 
to talk, they would all see an increase in people who are not under 
the control of the Arts Commission; one should not do irreversible 
damage as a precondition for a meeting. 

Commissioner Taliaferro said his Committee would take it upon themselves 
to instruct the staff to hold off enforcement until the meeting of the 
Arts Commission; he instructed the artists and the merchants to meet 
over the next thirty days and decide on a proposal to present to the 
Committee. 



The meeting adjourned at 5 : 55 p.m. 



Respectfully submitted: 



Howard Lazar 




45 Hyde Street 
Suite 319 

San Francisco. CA 94102 
415 558 3463 



Sf dob £Wwc 

STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, September 2k, 1985 
2:00 P.m. '■'. 

Main Library - Civic Center 
Lurie Room (ground floor) 
Larkin and McAllister Streets 
San Francisco, California 

55. A G E N D A 



DOCUMENTS DEPT. 
1385 

SAPJ FRANCISCO 
PUBLIC LIBRARY 



Dlanne Felnsteln 
MAYOR 

Claire N. Isaacs 
DIRECTOR 

COMMISSIONERS 
Roselyne C. Swig 
President 

Dmitri Vedensky. |r. 
Vke President 

Vernon Alley 
Timothy Duncan 
William Gaytord 
|o Hanson 
Robert LaRocca 
|acqueline Nemerovski 
William Paterson 
Plero Patri 
Peter Rodriguez 
Ray Taliaferro 

EX OFFICIO MEMBERS 
Presidents of the 
Fine Arts Museum, 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 



I RENEWAL OF REQUEST FOR TEMPORARY SALES SPACES DOWNTOWN AREA FOR 

CHRISTMAS SEASON, I985 

II REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING (from 8/28 agenda) 

A. Katherine Wildman - On July 22, I985 , Program received her letter 
requesting six-month postponement of screening. (The Commission 
on October 1, 198^, approved Ms. Wildman' s request for postponement 
until June, 1985.) 

III HEARINGS ON ALLEGED VIOLATIONS 

A. Nicole Steneck (hearing continued from 8/28 meeting) - alleged 
violation: failure to occupy a space for which the artist has 
signed, and allowing another artist to use the space. 

B. Richard Ricciari - hearing to be held over due to artist's 
inability to be in town at date of meeting. 

C. Mitchel Rubin - hearing to be held over due to artist's inability 
to be in town at date of hearing. 

IV REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Reggie Macabasco - applied July 2^, 198l, and was notified 
January 31 1 1983 (Program received no response from him); on 
September 11, 1985, Mr. Macabasco informed the Program that he 
had never received notice from the Program and requested priority. 

V REQUEST BY ARTIST FOR INTERPRETATION/CLARIFICATION OF LOTTERY "HELPER'S 

RULE" (Lottery Rule VI, pages 25 - 26 of Program b^-uebook). 

VI ISSUANCE OF STREET ARTIST DOCUMENT IN LIEU OF LOTTERY SLIP FOR 

SPECIFIC TIME OF DAY 



VII NEW BUSINESS 



* * * 




<5&%P' 




A70.-JS 

« I 



45 Hyde Street 
Suite 319 

San Francisco, CA 94102 
415 558 3463 



Sf^CUh ■■'** 



tnn&r- VJecu^u^t 



STREET ARTISTS PROGRAM COMMITTEE 



^ September 2k, I985 

Main Library - Lurie Room 

Larkin and McAllister Streets DOCUMENTS DEPT. 

San Francisco, California 



MINUTES 

— — — — — — — — — — — 

Commissioners present: Hanson and Taliaferro 
The meeting convened at 2:05 p.m. 



OCT z a 1885 

8AN FRANCISCO 
PUBLIC LIBRARY 



Dianne Feinstein 
MAYOR 

Claire N Isaacs 
DIRECTOR 

COMMISSIONERS 
Roselyne C Swig 
President 

Dmitri Vectensky, |r. 
Vice President 

Vernon Alley 
Timothy Duncan 
William Gaylord 
|o Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

EX OFFICIO MEMBERS 
Presidents o( the 
Fine Arts Museum. 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 



RENEWAL OF REQUEST FOR TEMPORARY SALES SPACES DOWNTOWN AREA FOR 
CHRISTMAS SEASON, 1985 

Program Director Lazar reported that Street Artist Larry Rosenbloom 
(on behalf of Linda Stark, President, Street Artists Association) 
and he had met with Mr. Lee Dolson, General Manager, Downtown 
Association, for his Association's support of a renewal of the 
designation of temporary sales spaces in the Downtown area for the 
Christmas season. On behalf of the street artists, the Street 
Artists Association and the Program were requesting the renewal 
of 57 of the previous year's 72 temporary spaces. (Of the 15 
spaces dropped, *t had been made permanent at BART Plaza and 11 
were now in a construction zone on Market at 3rd Street.) 
Temporary spaces for the Christmas season (added to the year round 
spaces) had been designated by the Board of Supervisors for the 
past three years, based upon agreement by the Arts Commission, the 
Downtown Association, and the Street Artists Association. 

Mr. Tim Thompson of Neiman-Marcus requested that the k temporary 
spaces adjacent to his store on the Geary Street side be relocated 
further down from the store to allow for a projected increase in 
foot traffic due to construction on the opposite side of the street. 
He proposed that the k spaces be moved adjacent to the white zone. 
(Mr. Lazar pointed out that the Supervisors would have to exempt 
these spaces from the white zone regulation, as they did with the 
permanent spaces on Stockton Street.) Mr. Thompson also requested 
that 3 of the 6 temporary spaces on the Stockton Street side of 
his store be moved down adjacent to the adjoining Macy's. (These 
would have to be exempted from the doorway regulation.) 

Commissioner Hanson moved that the renewal of temporary sales spaces 
in the Downtown area for Christmas season, 1985, be approved with 
the above noted modifications; the motion was seconded by Commis- 
sioner Taliaferro and unanimously approved. 

Ms. Linda Stark, President of the Street Artists Association, 
requested that the Committee's recommendation be submitted to 
the full Commission at its special meeting on September 26th in 
order to be sent with full approval to Supervisor Nancy Walker 
who would be able to introduce it to the full Board on the follow- 
ing Monday, have it before the Public Protection Committee in 
October, and passed in time for the spaces to be marked in November. 




Continued. 



STREET ARTISTS PROGRAM COMMITTEE - September 2k, I985 Minutes Page 2 



The Commissioners confirmed that it would be submitted to the 
Commission on the 26th. 

Mr. Lazar reported that meetings between the artists and the 
Fisherman's Wharf merchants, were suspended at Mr. Baccari's 
request due to his leave for Italy. Mr. Baccari had said he 
expected to return in three weeks. 

II REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING (from August 28, 

I985 Program Committee agenda) 

A. Katherine Wildman . On July 22, 1985? the Program had received 
a letter from Ms. Wildman requesting a six-month postponement 
of screening. Previously, the Commission on October 1, 198*f, 
had approved her request for a postponement to June, I985. 
Commissioner Hanson moved that Ms. Wildman' s request for post- 
ponement be approved; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

III HEARINGS ON ALLEGED VIOLATIONS 

A. Nicole Steneck (hearing continued from August 28 meeting). 
Alleged violation: failure to occupy a space for which the 
artist has signed, and allowing another artist to use the 
space. Mr. Lazar reported that he was unable to produce his 
witness and that the "occupancy rule" in its present state 
was virtually unenforceable because it does not specify a time- 
span during the day when an artist must occupy a space for three 
hours. For these reasons, the Program Director asked the Com- 
missioners to consider dismissing the case. Commissioner Hanson 
moved that the charge of alleged violation by Nicole Steneck be 
dismissed; the motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

Street artist Robert Clark testified that the problem was that 
artists let others use their spaces, and that all an artist 
has to do to keep his space while he is away is to leave his 
display in the space until he arrives - no matter how late in 
the day. Street artist William Clark said he was opposed to 
any three-hour rule because of problems like this; he suggested 
that the rule be eliminated completely. 

Commissioner Taliaferro asked that the "occupancy rule" be 
reviewed by the Street Artist Liaison Committee and that a 
recommendation be submitted at the next Program Committee meeting. 
He added that if spaces were to be unoccupied, they should revert 
to the lottery and not be given by artists to other artists. All 
artists should have an opportunity in obtaining the spaces. 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - September 2*f, I985 Minutes Page 3 



B. Richard Ricciardi and Mitchel Rubin . Mr. Ricciardi and Mr. Rubin 
had sent a letter informing the Committee of their inability to 
appear on September 24th, due to out-of-town business, and requesting 
a hearing either between September 27 to October 13 or between 
October 30 and November 10 or after January 1. Their letter included 
receipts for participation in various Harvest Festivals for the 
season throughout California. The Commissioners ascertained that 
the two artists were free to sell on the streets while awaiting 
their hearing date. Commissioner Taliaferro directed Mr. Lazar to 
send them a letter scheduling them for the next Program Committee 
meeting - October 22 -and informing them that the Committee would, 
if necessary, take action on the charges against them, in their 
absence. 

IV REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Reggie Macabasco . Mr. Lazar showed the Commissioners a list of 

applicants revealing that Mr. Macabasco, who had applied on July 24, 
198l, was notifed on January 31 > 1983 1 and that the Program had 
received no response from him. On September 11, 1985, Mr. Macabasco 
informed the Program that he had never received the notice and 
requested priority in the issuance of a certificate. Mr. Macabasco 
told the Committee that on September 11th he happened to be inquiring 
on the status of his application, that when he had applied, he had 
been told that it would take a long time. He said that he made 
miniature oil paintings. Commissioner Hanson moved that Mr. Maca- 
basco' s request for priority be approved; the motion was seconded 
by Commissioner Taliaferro and unanimously approved. 

V REQUEST BY ARTIST FOR INTERPRETATION/CLARIFICATION OF LOTTERY "HELPER'S 

RULE" (Lottery Rule VI, pages 25 - 26 of Program bluebook) 

Street artist Robert Clark requested the Committee's confirmation on 
the following interpretation of the "helper's rule": if an artist 
were to receive a poor number in the Thursday lottery and, therefore, 
becomes a helper for Sunday, the artist should not be prevented from 
participating in the Saturday lottery; if the artist uses his Saturday 
number to sell on Saturday, only then should he relinquish his helper- 
ship for Sunday; if the artist chooses not to sell on Saturday, he 
retains his helpership right for Sunday. The Commissioners confirmed 
Mr. Clark's interpretation and directed Mr. Lazar to inform the Lot- 
tery Committee of the Program Committee's clarification and to direct 
the Committee to allow Sunday helpers into the Saturday lottery. 

Both Robert and William Clark asked that the Committee also allow 
an artist who finds that his selected space is occupied by construction, 
to select another space still available in the lottery while the lot- 
tery is still in progress. The Commissioners asked that this issue 
be submitted to the Liaison Committee for recommendation of rule language, 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - September Zk, 1985 Minutes Page k 



VI ISSUANCE OF STREET ARTIST DOCUMENT IN LIEU OF LOTTERY SLIP FOR 

SPECIFIC TIME OF DAY 

Mr. Lazar told the Committee that this was suggested by some artists 
who were having problems with the Police for not having a lottery- 
slip for a space acquired after 12 noon (due to inability to find a 
lottery worker). The artists had asked that this matter be taken 
up first by the Liaison Committee for recommendations. The Com- 
missioners directed the Liaison Committee to do so. 

VII NEW BUSINESS 

A. Douglas Smith - request by former certificate-holder for priority 
in issuance of certificate. Mr. Smith's certificate (#267*+) had 
expired on December 9i 1982. Mr. Smith submitted his letter 
accompanied by letters from a family counselor and an administrator 
of a medical facility describing Mr. Smith's drug addiction at the 
time his certificate expired. The letters also supplied a copy of 
drug screen results on Mr. Smith, tested on September 13 1 1985, 
and showing negative for all drugs. One of the letters stated that 
Mr. Smith is committed to constructive citizenship" and urged that 
he be given "this opportunity to meet his basic needs and achieve 
his goals by reinstating his license at this time." Street artist 
William Clark testified that Mr. Smith was one of the original 
artists in the Street Artists Program, in 1972. Commissioner 
Hanson moved that Mr. Smith's request for priority be approved; the 
motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

B. David Levitz - request by applicant for priority in issuance. Mr. 
Levitz had applied October 20, 1982. He called the Program on 
September 18, 1985 (he had been told when he applied that it would 
take three years) and found out that the Program had sent him a 
notice on February 7, 1985 and had not received a response from him. 
Commissioner Hanson moved that Mr. Levitz 's request for priority 

be approved; the motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

C. Inspector's Report . Mr. Brown was asked how his job was going. 

He reported that one of the charitable non-profit people on Market 
Street was reproducing his State papers and selling them for $*+5 
to salespeople who write in their own names. Commissioner Hanson 
asked Mr. Lazar to prompt the City Attorney to finish the legis- 
lation for regulating the charitable solicitors. Mr. Brown further 
reported that with regard to the Commission's enforcement of the 
sales space regulations, all except five have complied. The five 
protested and were cited. 

Street artist Robert Clark testified that the practice of "squeez- 
ing" between legal spaces does not exist while Mr. Brown is present, 
and also while he is not present. Street artist William Clark told 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - September 24, 1985 Minutes Page 5 



the Commissioners that some artists are finding that they are actually 
doing better without the peer pressure to "squeeze." The public is 
walking the entire distance of the artists' displays on Beach Street 
rather than stopping at the first few displays because of the previous 
congestion of displays and "squeezed" displays. The ambiance of the 
area, he said, has much improved. He added that he felt Mr. Brown 
"is the perfect man for the job - he's handling it efficiently, 
extremely well." If Brown, he said, maintains his regular inspection 
pace, artists will make more money and will want to comply. Artists, 
he said, were afraid to lose their permits. Now that there was no 
more squeezing, the loss of squeezed space on Saturday was being made up 
for by twice the number of artists entering the Tuesday lottery for 
legitimate spaces. 

The meeting adjourned at 3*30 p.m. 

Respectfully submitted: 

Howard Lazar 




City and County of San Francisco 



Arts Commission 




Dianne Feinstein 
MAYOR 

* 2 



Claire N. Isaacs 
DIRECTOR 



lo/n/V 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
William Gaylord 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



II 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, October 22, 1985 
2:00 p.m. 



Main Library - Civic Center 
Commission Room (3rd floor) 
Larkin and McAllister Streets 
San Francisco 

AGENDA 



DOCUMENTS DEPT. 

OCT 2 8 1986 

SAM FRANCISCO 
PUBLIC LIBRARY 



HEARINGS ON ALLEGED VIOLATIONS 



A. Richard Ricciardi (#1035) - alleged violation (as per complaint 
submitted to Program): Failure to occupy a space for which the 
artist has signed through the lottery; allowing another artist 
to use the space. 

B. Mitchel Rubin (#1800) - alleged violation (as per complaint 
submitted to Program): Violation of lottery 12:00 Noon Rule. 

C. Frank Dong (#2^6*0 - alleged violation (as per complaint 
submitted to Program): Assaulting a street artist. 



STREET ARTISTS LIAISON COMMITTEE RECOMMENDATIONS (FROM LIAISON 
COMMITTEE MEETING OF OCTOBER 16, I985) 

A. Amending language for "occupancy rule" providing for specific 
time span for three-hour occupancy. 

B. Language for a proposed rule to provide for any artist who 
finds his/her selected space occupied by construction or 
other obstruction, to select another space still available 
in the lottery while lottery is in progress. 

C. Language for a street artist document (as provided for by 
Section 2A-06(h) of Ordinance ^1-83) to be issued for a 
space acquired after 12 noon, in lieu of a lottery slip. 



Ill REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Sonya Lake - Certificate #2778 expired September 2, 1985; 
Ms. Lake's renewal payment was mailed September 23rd, five 
days after her tenth grace period day for renewal. 

B. Paul Grogan - Certificate #2987 expired September 13, 1985; his 
request for priority received October 1, 1985. 



(415) 558-3463 



IV NEW BUSINESS 

45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 




MO. IS 

« i 



15 Hyde Street 
iuite 319 

jan Francisco, CA 94102 
l\S 558 3463 



U 

STREET ARTISTS PROGRAM COMMITTEE 

October 22, I985 

Main Library - Civic Center 

Commission Room 

Larkin and McAllister Streets 

San Francisco, California 

^MINUTES 



Commissioners present: Hanson, Taliaferro 
The meeting convened at 2:10 p.m. 

I STREET ARTISTS LIAISON COMMITTEE RECOMMENDATIONS 



documents: 

OCT 3 019-- 

PUBLIC Llf 



Jlanne Feinstein 
V1AYOR 

Ilaire N Isaacs 
JIRECTOR 

lOMMISSIONERS 
toselyne C. Swig 
'resident 

imitri Vedensky, )r. 
Ice President 

ernon Alley 

Imothy Duncan 

William Gaylord 

> Hanson 

obert LaRocca 
, icqueline Nemerovski 
jl/illiam Paterson 
pero Patri 

eter Rodriguez 

»y Taliaferro 

'. OFFICIO MEMBERS 
1 esidents of the 
le Aits Museum, 
Mary Commission, 
anning Commission, 
!«eation and Park 
MTimission 



Ms. Linda Stark, Chairman of the Street Artists Liaison Committee, 
reported the recommendations from members of her committee at the 
meeting of October 16th; the recommendations had been requested 
by the Street Artists Program Committee the previous month. The 
recommendations dealt with the following: (a) procedures to be 
implemented for the lottery's selling space "occupancy rule"; 
(b) conditions requiring no lottery slip, as per Section 2 i f06(h) 
of Ordinance 41-83; (c) a provision for artists to exchange a 
space occupied by construction or other obstruction for another 
space in the lottery. 

Relative to the "occupancy rule" procedure, Ms. Stark categorized 
sales spaces as "assigned" and "unassigned" spaces and described 
how a space, becoming vacant during the period 12-3 p.m., would 
be re-assigned with first priority given to a person with the 
lowest unused lottery number, then to a person with the lowest mini- 
lottery number, and finally, -in the absence of a lottery slip, to a 
person who wins with the flip of a coin. She related proposed 
recording details to be performed by lottery workers. She also 
related a new proposal to have all unassigned spaces as well as assigned 
spaces forfeited by artists who choose not to sell to remain vacant 
from 11:^5 a.m. to 12 noon to allow the spaces to be easily identified 
without having to consult the sign-up sheet (which is not always 
available) . 

Relative to conditions whereby an artist would not be required to 
have a lottery slip for his space, Ms. Stark listed the following: 
(l) Selling in an empty space before 11:^5 a.m.; (2) Selling in an 
empty space after 3:00 p.m.; and (3) Selling all day in an unassigned 
space. To satisfy the requirement of Section 2^06(h) of Ordinance 
41-83 which provides that a document be issued for the space indica- 
ting that no lottery slip is necessary, Ms. Stark proposed that the 
street artist certificate itself would suffice as the "document" 
and, if necessary, the Arts Commission could issue a sticker to 
be placed on the back of the certificate, which would inform the 
Police that the bearer is selling under one of the three conditions. 

Relative to a situation in which an artist finds that the space he 
selected in the lottery is occupied by construction or another 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - October 22, I985 Minutes Page 2 



obstruction, Ms. Stark reported that her committee recommended that a 
provision be adopted to allow such an artist to exchange the space for 
another while the lottery is still in process. 

Street artist William Clark said that he was in full agreement with 
the recommendations but pointed out that the recommendations did 
not come as a vote from the Liaison Committee because the Committee 
lacked a quorum when it met. He stated also that the purpose of the 
Liaison Committee meeting was to find a way to prevent people from 
signing in for spaces and then giving them to their friends. Street 
artist William Kaufman objected to the occupancy procedure because 
it would cause problems for those artists unable to show up prior to 
3:00 p.m. He said that it was also a hardship for family units. Street 
artist Kirk Turner said that he did not see how the procedure would 
stop the lottery scams. Street artist Virginia Burris answered that 
if an arrangement between two people for occupying spaces persisted, 
it could be brought to the attention to the committee. Street artist 
Mark Kielty said that he was one of those artists who arrive after 
3:00 p.m. and stays out on the street until 8:30 or 9:00; he did not 
see why he would be penalized for holding his assigned space all day. 
Street artist Paul Grogan endorsed the proposal to have vacant spaces 
stay unoccupied from 11:^5 a.m. to 12:00 noon as making it obvious to 
everyone which spaces are available. He also endorsed Ms. Stark's 
proposal to have the Art Inspector present to verify the spaces. The 
artists proposed that a lottery worker, not the Art Inspector, assign 
the vacant spaces at 12:00 noon and, in the absence of a lottery worker 
in the area, that a helper be appointed. Art Inspector Brown stated 
that some family unit members who get spaces in the lottery have been 
giving their spaces to their unit partners. Mr. Kaufman asked that an 
exemption be granted to family unit members. 

Commissioner Hanson moved that the Street Artists Liaison Committee 
recommendations, as stated in the language of the notes submitted by 
Linda Stark, be approved and implemented on a six-month trial basis; 
the motion was seconded by Commissioner Taliaferro and unanimously 
approved. The Commissioners asked that there be inserted in the 
language a statement that artists should seek the designated lottery 
worker for the day to assign them vacant spaces. The Commissioners 
asked also that Program Director Lazar circulate the approved recom- 
mendations to all artists and to send a copy to the Police. 

II HEARINGS ON ALLEGED VIOLATIONS 

A. Richard Ricciardi (#1035) - alleged violation (as per complaint sub- 
mitted by Robert Clark to Street Artists Program): Failure to occupy 
a space for which the artist has signed through the lottery, and 
allowing another artist to use the space. Mr. Ricciardi was not 
present; Program Director Lazar told the Committee that he had re- 
ceived a letter from him stating his inability to appear due to 



STREET ARTISTS PROGRAM COMMITTEE - October 22, 1985 Minutes Page 3 



previous business commitments, as well as enclosed signed statements 
by witnesses to the incident, one of the witnesses being a lottery 
worker for the day. Mr. Lazar further stated that he had complied 
with the Program Committee's directive of the previous month to 
notify both Mr. Ricciardi and Mr. Mitchel Rubin of their hearings 
of October 22nd and that, if they did not appear, the Committee would 
recommend the penalty for the violations of which they had been charged. 

Commissioner Taliaferro stated that to continue to grant the two artists 
a postponement would allow them to continue to sell, and that this was 
the third hearing scheduled for them. 

Commissioner Hanson moved that , based on the information contained in 
the report, Mr. Ricciardi be found in violation for failing to occupy 
a space for which he had signed and for allowing another artist to 
use the space, and that his certificate be suspended for two months. 
The motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

B. Mitchel Rubin (#1800) - alleged violation (as percomplaint submitted 
by Robert Clark, re: Mr. Rubin and Richard Ricciardi): Violation of 
lottery 12:00 Noon Rule. (See above section of minutes relative to 
Richard Ricciardi .) Commissioner Hanson moved that, based on the informa- 
tion contained in the report, Mr. Rubin be found in violation of the Arts 
Commission's lottery 12:00 Noon Rule, and that his certificate be sus- 
pended for two months. The motion was seconded by Commissioner Taliaferro 
and unaimously approved. 

Street Artist Robert Clark informed the Committee that for the next 
meeting of the Street Artists Program Committee, under "New Business," 
he would submit a proposal to revise the Commission's Hearing Procedure 
dealing with an artist's response to notification of hearing and his 
failing to appear. 

C. Frank Dong (#2464) - alleged violation (as per complaint submitted by 
June Richard): Assaulting a street artist. Ms. Richard did not appear; 
the Commissioners ascertained that she had been notified of the hearing. 

Program Director Lazar informed the Committee that Ms. Richard had sub- 
mitted a complaint on July 15, 1985 against Street artist Frank Dong for 
allegedly assaulting her on December 22, 1984. Attached to her com- 
plaint were witness statements by Street artists Jesse Rodriguez and 
Peter Wiley. Mr. Lazar told the Committee that he had directed Art 
Inspector Brown to research the case: the results were a letter by 
Thomas Gilberti, another statement by Jesse Rodriguez, and statements 
by Miran Kim and Sun-Shik Kim. Mr. Dong himself had submitted a letter. 
All witnesses had been notified to appear. Appearing were Mr. Kim and 
Mr. Dong. (Mr. Rodriguez had notified the office that he would be out 
of town.) The Commissioners asked Mr. Lazar to read Ms. Richard's letter, 
and to summarize the contents of the witness statements. 

Mr. Dong told the Committee that he swore his statements in his letter 



Continued. 



SXfifiEl .iialol'S PROGRAM GUiu^-IEE - October 22, I985 Minutes Page k 

were true. He described how Ms. Richard had put her chair with a painting 
on it over the line of his space area - it extended within one-third of 
his space. He asked her politely to move the chair; she ignored him. 
He asked her again; this too she ignored. The third time, he said, he 
got up and this caused her painting to fall. She then knocked over his 
entire display. At that moment, he said, he pushed her - only one push, 
done in a second. A man saw this and jumped onto him to stop him from 
committing damage. Ms. Richard, Mr. Dong said, did not really fall down. 

Under questions by Commissioners Hanson and Taliaferro, Mr. Dong stated 
that prior to this, Ms. Richard used to compliment him as a painter, but 
when he became her competitor with jewelry, she showed a dislike toward 
him. He sells four to five days a week. Since the incident last December, 
he has seen her only two or three times on the street. 

Commissioner Taliaferro stated that the witness statements supported Mr. 
Dong's statements, though this was no excuse for physical assault. Com- 
missioner Hanson stated that it appeared there had been mutual harrassment 
to an extent, and that one could not justify verbal and physical assault 
due to the circumstances. Commissioner Taliaferro stated that what was 
unknown was Ms. Richard's reasons for being upset with Mr. Dong and her 
reason for knowcking over his display. While it was still no excuse for 
Mr. Dong's violence, there was a provoked assault which could have been 
provoked by Ms. Richard; however, this was not known, due to Ms. Richard's 
absence at the hearing. Commissioner Hanson said that she felt both 
parties were guilty: one for provocation, the other for assault. 

Street artist Robert Clark told the commissioners that Ms. Richard had 
told him that she had been placing a chair between her display and 
those of other artists to keep them from infringing on her. It was, 
Mr. Clark said, her reaction to the neglect of the Program from doing 
something about "squeezing." 

Commissioner Taliaferro moved, based on Mr.' Dong's statement, the.wit- 
ness statements, and the Committee's finding that Ms. Richard had a 
part in provoking the incident (by knocking over Mr. Dong's display), 
that, in Ms. Richard's absence at the hearing, the charge against Mr. 
Dong be dismissed with a stern warning to both Mr. Dong and Ms. Richard 
that the Committee would look severely at any future similar incident 
involving them. The motion was seconded by Commissioner Hanson and 
unanimously approved. 

Ill REQUESTS BY FORMER CERTIFICATE- HOLDERS FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. Sonya Lake - Certificate #27?8 expired September 2, 1985; Ms. Lake's 
renewal payment was mailed September 23rd, five days after her tenth 
grace period day for renewal. Commissioner Hanson moved that Ms. 
Lake's request for priority be approved; the motion was seconded by 
Commissioner Taliaferro and unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - October 22, I985 Minutes Page 5 



B. Paul Grogan - Certificate #2987 expired September 13, 1985; his 
request for priority was received October 1, 1985* Program Director 
Lazar informed the Committee that he had received a complaint that 
Mr. Grogan had entered the lottery during the time his certificate 
was expired and had been stopped by another artist from selecting a 
space. Mr. Lazar showed the Commissioners the lottery sheet of 
October 12th which lists, as the 21st person in the drawing, "2987." 
Mr. Grogan told the Commissioners that he had been unaware that he 
could not enter a lottery with an expired certificate; he had thought 
that a person could not enter if their certificate was suspended or 
revoked. He added that he had thought he could enter also because 
his hearing with the Program Committee was coming up within a month. 
He said, under the same circumstances, he would not do it again. 

Commissioner Hanson moved that Mr. Grogan' s request for priority be 
approved, with a warning that should Mr. Grogan ever again enter a 
lottery with an expired certificate, the Committee would look upon 
such an action severely in considering any future request by Mr. 
Grogan for priority in issuance. The motion was seconded by Commis- 
sioner Taliaferro and unanimously approved. 

C. Derek Foster - Certificate #30^ expired June 26, 1985; Mr. Foster 
contacted the office in October and informed the staff that during 
the three-month period after his certificate's expiration, when he 
could have appealed for priority in issuance of a new certificate, 
he was hospitalized at St. Francis Memorial Hospital. Mr. Foster 
presented to the Commissioners a document from the hospital, dated 
September 19, 1985. He said he was hospitalized from September 17- 
21st. 

Commissioner Hanson moved that Mr. Foster's request for priority be 
approved. The motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

There being no further business, the meeting adjourned at 4:00 p.m. 

Respectfully submitted: 

/ 




Howard Lazar <-/ 




15 Hyde Street 

iuite 319 

ian Francisco. CA 94102 

U5 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 



-CUMENTS DEPT. 

1S85 

N h RAN CISCO 

iC UhRARY 



Tuesday, November 26, 198$ 

2:00 p.m. ^ 

Public Health Building, Room 300 (3rd floor) 

101 Grove Street (at Polk Street) 

San Francisco, California 

■r" AGENDA 



ianne Feinstein 
(AYOR 

laire N Isaacs 
IRECTOR 

COMMISSIONERS 
Dselyne C Swig 
esident 

■nitri Veclensky, |r 
ce President 

rnon Alley 
; Tiothy Duncan 
l illiam Gaylord 
I Hanson 

ibert LaRocca 

:queline Nemerovski 

lllarm Palerson 
l:ro Patti 
I ter Rodriguez 

y Taliaferro 

I OFFICIO MEMBERS 
• esidents of the 
6, e Arts Museum. 

rary Commission, 

nning Commission. 

creation and Park 

mmission 



II 



RE-HEARING ON STREET ARTIST LIAISON COMMITTEE RECOMMENDATIONS RE: 
PROCEDURES FOR SELLING SPACE OCCUPANCY RULE; CONDITIONS REQUIRING 
NO LOTTERY SLIP; PROVISION FOR ARTISTS TO EXCHANGE A SPACE OCCUPIED 
BY CONSTRUCTION OR OTHER OBSTRUCTION FOR ANOTHER SPACE IN THE LOTTERY 
(item referred back to Program Committee by Arts Commission ll/U/85) 

REQUEST BY STREET ARTIST TO AMEND HEARING PROCEDURE TO PROVIDE FOR 
10-DAY PERIOD FOR ARTISTS TO RESPOND TO NOTIFICATION OF HEARING 



III HEARINGS ON ALLEGED VIOLATIONS 

A. Frank Dong (Certificate #2^+64) - alleged violation (as per complaint 
submitted to Program): Assaulting a street artist, (item referred 
back to Program Committee by Arts Commission II/V85.) 

B. Mitchel Rubin (Certificate #1800) - alleged violation (as per complaint 
submitted to Program): Violation of lottery 12:00 Noon Rule. (Artist 
requested re-hearing, in accord with Hearing Procedure's provision for 
such request when Arts Commission's decision is based upon artist's 
failure to appear at Program Committee hearing.) 

C. Richard Ricciardi (Certificate #1035) - alleged violation (as per 
complaint submitted to Program): Failure to occupy a space for which 
the artist has signed through the lottery; allowing another artist 
to use the space. (Artist requested re-hearing, in accord with 
Hearing Procedure's provision for such request when Arts Commission's 
decision is based upon artist's failure to appear at Program Committee 
hearing. ) 

D. Michael MacDonald (Certificate #2231) - alleged violation (as per 
complaint submitted by Lottery Commitee): Lottery Rule VII, INFRINGE- 
MENTS OF GUIDELINES, failure to attend 2 scheduled consecutive 
Lottery Committee meetings. 






IV REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Michael Griffith - applied January 17, 1977, was notified February, 1980 
to appear for screening of wares; on October 15, 1985, Mr. Griffith 
informed the Program office that he had moved at the time notification 
had been sent. 

V REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A « Allen Buthmann - requests postponement to June, 1986. 

VI NEW BUSINESS 




SP 
A70.7S 



45 Hyde Street 
Suite 319 

San Francisco. CA 94102 
4)5 558 3463 



^ STREET ARTISTS PROGRAM COMMITTEE 

jP November 26, I985 

Public Health Building, Room 302 
101 Grove Street, San Francisco 

^-MINUTES 






Commissioners present: Hanson, Taliaferro 






Chairman Taliaferro called the meeting to order at 2:10 p.m. 



Dianne Felnsteln 
MAYOR 

Claire N. Isaacs 
DIRECTOR 

COMMISSIONERS 
Roselyne C. Swig 
President 

Dmitri Vedensky, |r. 
Vice President 

Vernon Alley 
Timothy Duncan 
William Gaylord 
|o Hanson 
Robert LaRocca 
|acquellne Nemerovskl 
William Paterson 
Plero Patri 
Peter Rodriguez 
Ray Taliaferro 

EX OFFICIO MEMBERS 
Presidents of the 
Fine Arts Museum. 
Library Commission. 
Planning Commission. 
Recreation and Park 
Commission 



RE- HEARING ON STREET ARTIST LIAISON COMMITTEE RECOMMENDATIONS RE: 
PROCEDURES FOR SALES SPACE OCCUPANCY RULE; CONDITIONS REQUIRING 
NO LOTTERY SLIP; PROVISION FOR ARTISTS TO EXCHANGE A SPACE 
OCCUPIED BY CONSTRUCTION OR OTHER OBSTRUCTION FOR ANOTHER SPACE 
IN THE LOTTERY (this item referred back to Program Committee by 
Arts Commission November ^+, I985) 

The Committee heard from Street artist Mark Monsarrat , member of 
the Lottery Committee and the Street Artists Liaison Committee, 
who said that his reasons for having petitioned the Arts Commis- 
sion to refer the matter back to Committee were the following: 
time had not been allotted for the Liaison Committee's recommendations 
to be submitted to all the street artists, in final form; and Mr. 
Monsarrat' s own objection to the Committee's recommendation regarding 
the duration of the 12:00 Noon Rule. After a lengthy hearing with 
input by Linda Stark, Chairman of the Liaison Committee, and other 
street artists Robert and William Clark, Virginia Burris, Commissioner 
Hanson moved that the Liaison Committee recommendations be approved 
with the following amendments (as requested by Mr. Monsarrat), for 
a trial period of five months, that the procedure's be disseminated, 
and that at v the end of the five-month trial period the procedures 
be reviewed: 

Amendments 

Page 2 of "PROCEDURES", line 3 , insert after "3:00 p.m.": 
"No furthEr spaces may be assigned after the morning sign- 
in until 12:00 noon. During this time the space may be 
occupied by only the assigned street artist and no one 
else. If the assigned street artist vacates the space 
during this time, it must remain vacant (completely empty) 
for fifteen minutes before it is re-assigned." 

Page 2, line 23 1 insert between the words "decides" and 
"not": "before noon." ("If the person decides before noon 
not to sell ...") 

Page k y line 8 , replace the word "empty" with the words 
"vacant assigned." ("...(2) in a vacant assigned space 
after 3-00 p.m. ...") 

The motion was seconded by Commissioner Taliaferro and unanimously 
approved. 




Continued, 



STREET AR11STS PROGRAM COMMITTEE - H/26/85 minutes Page 2 



II REQUEST BY STREET ARTIST TO AMEND HEARING PROCEDURE TO PROVIDE FOR 
10-DAY PERIOD FOR ARTISTS TO RESPOND TO NOTIFICATION OF HEARING 

Street artist William Clark explained an excerpt of the California 
State Code which he had submitted to the Program. The excerpt dealt 
with a 15-day period given to an alleged violator to request a hearing 
or waive his right to a hearing, whereupon the agency involved retained 
the option to either find him in violation or schedule a hearing anyway. 
Mr. Clark asked that such a procedure be considered for incorporation 
in the Arts Commission's Hearing Procedure of Street Artist Violations ; 
he said this would screen out "trivial" cases and also eliminate the 
possibility of "scamming" the procedures. 

The Commissioners asked the Program Director to confer with the City 
Attorney as to the suitability of such an amendment to the Commission's 
Hearing Procedure, as well as a comparison between the State's procedure 
and the Commission's procedure. Commissioner Taliaferro said that at 
this time it may be in order for the Program Committee to get tougher 
on those cases who fail to appear for hearing. 

III HEARINGS ON ALLEGED VIOLATIONS 

A. Frank Dong (Certificate #2.k6k) - alleged violation (as per complaint 
submitted by June Richard): assaulting a street artist (June Richard). 
The case was referred back to the Program Committee hy the Commission 
on November 4, I985, at the request of Ms. Richard who had not appeared 
at the scheduled hearing in October. Program Director Lazar was asked 
to read the Program 'Committee ' s recommendation of the previous hearing: 
"based on Mr. Dong's statement, witness statements, and the Committee's 
finding that Ms. Richard had a part in provoking the incident (by 
knocking over Mr. Dong's display), that, in Ms. Richard's absence at 
the hearing, the charge against Mr. Dong be dismissed with a stern 
warning to both Mr. Dong and Ms. Richard that the Committee would 
look severely at any future similar incident involving them." 

Ms. Richard told the Committee that she had failed to appear at the 
hearing because she had been in the middle of her midterms and had 
misunderstood the date of the hearing. She heard the tape of the 
hearing. Mr. Dong, she said, knocked over her jewelry three times 
and informed her that he would continue to do it until she moved 
her chair. She added that Mr. Dong had been in the habit of setting 
up a six-foot display right up against her table. She tipped his 
table, some of his items fell, just like hers had; but that did not 
justify him hitting her. Her spine is injured. She will be taking 
him to court. She said that he has harrassed her since the incident 
in order to provoke her. 

Program Director Lazar pointed out six months had elapsed since the 
time of the incident when the Program received Ms. Richard's report. 

Mr. Dong told the Committee that he has not harrassed Ms. Richard. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 11/26/85 minutes Page 3 

She knocked down his entire display; "in that shock," he "gave 
her a push on her back." Mr. Dong stated that Ms. Richard had 
set a chair in his space, and twice he knocked it over "by accident." 
Ms. Richard disputed that it was in his space; she said the chair 
was set up to the perimeter of her own space. 

Commissioner Taliaferro said that the Program Committee was claiming 
that the provocations of both Mr. Dong and Ms. Richard were in error 
and that under no circumstances should this occur. Furthermore, 
under no circumstances should anyone, assault anyone. If the Committee 
were to hear of any further provocation by the two, the Committee 
would push for revocation of both certificates. He said he felt that 
the Committee's finding and recommendation were just. 

Commissioner Hanson moved the Program Committee's finding and recom- 
mendation regarding Frank Dong be re-affirmed and re-submitted to 
the Commission. The motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

B. Mitchel Rubin (Certificate #1800) - alleged violation (as per 
complaint submitted to Program): violation of lottery 12:00 Noon Rule. 
On November 4, 1985, the Arts Commission by resolution approved the 
Program Committee's October 22nd recommendation that, based on the 
information contained in the report, Mr. Rubin be found in violation 
of the Arts Commission's lottery 12:00 Noon Rule, and that his 
certificate be suspended for two months. Mr. Rubin wrote to request 

a re-hearing, in accord with the Hearing Procedure's provision for 
such requests when the Commission's decision is based upon the artist's 
failure to appear at the Program Committee hearing. Mr. Rubin was 
notified to appear at the November 26th meeting. He did not appear. 
This was the fourth scheduled hearing; he had not appeared at the 
previous three hearings (though had written in advance of his inability 
to appear). Mr. Robert Clark, the artist who had submitted the 
complaint, was present. Commissioner Taliaferro moved that the 
Committee's finding and recommendation of October 22, 1985 be re- 
submitted to the Commission. The motion was seconded by Commissioner 
Hanson and unanimously approved. 

C. Richard Ricciardi (Certificate #1035) - alleged violation (as per 
complaint submitted to Program): failure to occupy a space for which 
the artist had signed through the lottery, and allowing another artist 

to use the space. On November *+, 1985* the Arts Commission by resolution 
approved the Program Committee's October 22nd recommendation that, based 
on on the information contained in the report, Mr. Ricciardi be found 
in violation for failing to occupy a space for which he had signed 
and for allowing another artist to use the space, and that his 
certificate be suspended for two months. Mr. Ricciardi wrote to 
request a re-hearing, in accord with the Hearing Procedure's provision 
for such requests when the Commission's decision is based upon the 
artist's failure to appear at the Program Committee hearing. Mr. 
Ricciardi was notified to appear at the November 26th meeting. He 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - H/26/85 minutes Page k 



did not appear. This was the fourth scheduled hearing; he had not 
appeared at the previous three hearings (though he had written in 
advance of his inability to appear). Mr. Robert Clark, the artist 
who had submitted the complaint, was present. Commissioner Taliaferro 
moved that the Committee's find and recommendation of October 22, 1985 
be re-submitted to the Commission. The motion was seconded by Commis- 
sioner Hanson and unanimously approved. 

D. Michael MacDonald (Certificate #2231 ) - alleged violation (as per 

complaint submitted by Lottery Committee): Lottery Rule VII, INFRINGEMENTS 
OF GUIDELINES, failure to attend two scheduled consecutive Lottery Com- 
mittee meetings. Mr. MacDonald was not present. Street artist Mark 
Monsarrat of the Lottery Committee stated that the Committee had asked 
Mr. MacDonald to step down from the Lottery Committee three months 
previously, and he had refused. Mr. Monsarrat said that Mr. MacDonald 
missed running many lotteries as well. Mr. MacDonald' s term had already 
expired. Commissioner Hanson moved that the findings of the Lottery 
Committee be approved (Mr. MacDonald' s failure to attend two scheduled 
consecutive meetings), and that Mr. MacDonald be dismissed from the 
Lottery Committee with prejudice toward his future service on the 
Committee. The motion was seconded by Commissioner Taliaferro and 
unanimously approved. It was clarified that should Mr. MacDonald be 
elected to the Lottery Committee in the future, the Commission's 
present action would be considered in approving or disapproving Mr. 
MacDonald 's election to the Committee. 

IV REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Michael Griffith - applied January 17, 1977; was notified February, 1980 
to appear for a screening of his wares, and did not respond. On October 
15, 1985, he informed the Program that he had moved at the time notifica- 
tion had been sent. Commissioner Hanson moved that Mr. Griffith's 
request for priority be approved. The motion was seconded by Commis- 
sioner Taliaferro and unanimously approved. The Committee asked Mr. 
Lazar to look into the matter of having applicants signing a form which 
would oblige them to maintain current addresses with the Program or 
risk forfeiture of their opportunity for screening if they do not 
receive their notification. 

V REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Allen Buthmann - requested postponement to June, 1986. Commissioner 
Hanson moved that Mr. Buthmass's request be approved. The motion was 
seconded by Commissioner Taliaferro and unanimously approved. 

VI NEW BUSINESS 

A. Request by former certificate-holder Judy Lobree (certificate #301*0 
for priority in issuance of certificate. Commissioner Hanson moved 
that Ms. Lobree 's request be approved. The motion was seconded by 



Continued. 






STREET ARTISTS PROGRAM COMMITTEE - II/26/85 minutes Page 5 



Commissioner Taliaferro and unanimously approved. 

B. Street Artist Spaces adjacent to Longshoremen's Union Lot . Street 
artist William Clark told the Committee that he learned that the 
Mayor's office is now involved in the matter and that the Mayor has 
asked the City Attorney to make a priority a determination as to 
whether it is legal for the Longshoremen's Union to continue to 
rent space on their parking lot to outdoor retail sales. This will 
affect the viability of 25 street artist spaces adjacent to the lot 
on Taylor Street. 

C. Legislation Regulating Charitable Solicitors. Mr. Lazar informed 
the Committee that the City Attorney's legislative draft to regulate 
the charitable solicitors had been introduced by Supervisor Walker 
and was on its way to the Public Protection Committee in December. 
He urged the street artists present to appear before the Committee 
along with the Downtown and Fisherman's Wharf merchants who had 
protested the loudest about various charitable solicitation groups 
taking advantage of the legal loopholes to set up selling wherever 
they choose and with unlimited-sized displays. 

D. Allowance for street artists on "official business" to be represented 
at the lotteries . Liaison Committee member Mark Monsarrat asked 
that Program Director Lazar be given the authority to grant approval 
for artists who have to attend street artist meetings to have their 
numbers put into the lottery on their behalf. Several artists attending 
the meeting protested this proposal. The Committee asked that this 
matter be submitted to the Liaison Committee for a recommendation. 

The meeting adjourned at 4:10 p.m. 

Respectfully submitted: 

Howard Lazar 



City and County of San Francisco 



Arts Commission 




5F 

Dianne Feinstein 
PClOn MAYOR 



Claire N. Isaacs 
DIRECTOR 



Iti/tio 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 

William Gaylord 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



II 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, January 21, 1986 

2:00 p.m. 

CONFERENCE ROOM 

45 Hyde Street (3rd floor) 

San Francisco, California 

SS AGENDA 



DOCUMENTS DEPT. 

JAN 15 1986 

SAfJ FRANCISCO 
PUBLIC LIBRARY 



REQUESTS BY FORMER CERTIFICATE- HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Craig Cassin - Certificate #427 expired 9/22/85; request 
for priority in issuance of new certificate received by 
office 12/5/85. 

B. Kye Rorie - Certificate #1366 expired 11/9/85; request 
for priority received (by phone) 12/2/85. 

C. Adama Saunders - Certificate #3061 expired 8/8/85; request 
for priority received 12/30/85. 

D. Tim Womack - Certificate #485 expired 9/18/80; request for 
priority received I2/3/85. 

REQUEST BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. John F. Carroll - requests postponement until November, 1986. 

B. George Boucher - requests postponement until spring, 1987* 



III REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Michael Brady - requests to be certified as a unit member 
with Street Artist Malois Ritzema. 



(415) 558-3463 



IV HEARINGS ON ALLEGED VIOLATIONS 

A. Lak Lim Tan - Certificate #3052; alleged violation: conduct- 
ing business in a disorderly, improper and hazardous manner 
(suspending items from ropes tied to public property). 

B. Mark Monsarrat - Certificate #2864; alleged violations: of 
Ord. 41-83, Section 2405(c)(1) - display width regulation - 
and (c)(3) - display height regulation. 

C. Larry Rosenbloom - Certificate #3047; alleged violation: 
display of items not of the artist's own creation. 



45 HYDE STREET - ROOM 319 



CONTINUED , 

SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - January 1986 Agenda (continued) 



D. Jules Bross - Certificate #2671; alleged violation: display of 
items not of the artist's own creation. 



V NEW BUSINESS 



City and County of San Francisco 



Art Commission 




STREET ARTISTS PROGRAM COMMITTEE 



Tuesday, February 25 , 1986 

2:00 p.m. *?". 

*+5 Hyde Street (third floor) 

Conference Room 

San Francisco, California 



AGENDA 



Claire N. Isaacs 
DIRECTOR 



uGCUMENTS DEPT. 
MAR 1 i 1986 

SAN FRANCISCO 
PUBLIC LIBRARY 



I REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Carmen Ezzo Lawton - requests postponement until July, 1986. 

B. " Ilda Cintron - requests postponement until July, 1986. 

C. Connie Borter - requests postponement until July, 1986. 

II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Sue Costa - Certificate 29^3 expired November 14, 1985; her 
request for priority was received by Program on February 6, 1986. 

B. Craig Lasha - Certificate #3023 expired December 10, 1985; his 
telephone-request was received by Program on February 3i 1986. 

III REQUEST FOR RE-HEARING 

i 

A T Lak Lim Tan (Certificate #3052) - Request for re-hearing submitted 
February 13» 1986, stating that Mr. Tan did receive his notice of 
Program Committee hearing due to his change of address; request for 
re-hearing to appeal Arts Commission resolution of February 3, 1986 
which found him in violation for consucting business in a disorderly, 
improper and hazardous manner and suspended his certificate for two 
months. (Re-hearing to be scheduled by Program Committee for later 
date. ) 

IV REQUEST FOR CURB PAINTING AT JUSTIN HERMAN PLAZA 

A. Request by Street Artist Kitt Foster for curb adjacent to Justin 

Herman Plaza to be painted in order to authorize the general public, 
including street artists, to park temporarily for the purposes of 
loading and unloading (request to be made by Arts Commission to 
Director of Public Works). 



(415) 558-3463 



REQUESTS BY MEMBERS OF ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN 
EXAMINERS FOR RE-APPOINTMENT 

A. Frank Baresick (term expired November 27, 1985) - crafts: painting; 

45 HYDE STREET - ROOM 319 SAN FRANCISCO, 94102 

CONTINUED 



f 



A. Frank Baresick (term expired November 27, 1985) - crafts: painting; 
sculpture; ceramics; cast and fabricated jewelry. 

B. Ed Kyto Rhy Poskus (term expired November 27, 1985) - crafts: 
textiles; weaving; ceramics. 



VI REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Sandra Bass - applied August 27, 1985; requests to be certified 
as a family unit member with street artist (certificate-holder) 
John Bass. 



VII NEW BUSINESS 



Arrows' 



(jyTV^ 1 -l^^^c-^^v^t. J-*-eT 



S5. STREET ARTISTS PROGRAM COMMITTEE 

DOCUMENTS DEPT. 

. - February 25, 1986 Q - 

k5 Hyde Street, Conference Room MAR 3 1 198b 

San Francisco, California 



Hyde Street 

e3l9 

Francisco. CA 94102 

558 3463 



MINUTES 



Commissioners present: Hanson and Taliaferro. 



SAN FRANCISCO 
PUBLIC LIBRARY 



Commissioner Hanson called the meeting to order at 2:17 p.m. As Commis- 
sioner Taliaferro had resigned a few weeks previously, Commissioner 
Hanson conducted the meeting as a committee-of-one. 



ne Feinstein 
OR 

e N Isaacs 
CTOR 

1MISSIONERS 
jeline Nemerovski 
dent 

;rt LaRocca 
President 

on Alley 
thy Duncan 
\nson 

im Paterson 
Rodriguez 
lyne C. Swig 
aliaferro 
•i Vedensky. |r. 

TFICIO MEMBERS 
ients of the 
\rts Museum, 
y Commission, 
ing Commission, 
ation and Park 
nission 



I REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Carmen Ezzo Lawton - Program received her letter requesting 
postponement until July, 1986. Commissioner Hanson stated that 
she would recommend to the Commission that the request be ap- 
proved. 

B. Ilda Cintron - letter requesting postponement until July, 1986. 
Commissioner Hanson stated that she would recommend that the 
request be approved. 

C. Connie Borter - letter requesting postponement until July, 1986. 
Commissioner Hanson stated that she would recommend that the 
request be approved. 

II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Sue Costa - Certificate #29^3 had expired November 14, 1985; Mrs. 
Costa's request for priority had been received by the Program on 
February 6, 1986. Mrs. Costa stated that she had been out of the 
state for three and a half months and had felt sure that her 
certificate was up to date. She and her husband returned in the 
middle of January; she realized her certificate had expired. She 
added that she had seen several artists selling with expired 
certificates. Street artist and Lottery Committee member Linda 
Stark stated that she ran the lottery on Thursday, Mrs. Costa 
entered it without showing her certificate, and that the feeling 
of the Lottery Committee was that if the Commission were to 
give Mrs. Costa a new certificate, there should be a penalty 
with it. Commissioner Hanson questioned Mrs. Costa on the number 
of times she had entered the lottery without a Valid certificate; 
Mrs. Costa replied that it had been eight times, that she is ac- 
customed to working four or five days a week, but that she hadn't 
been able to work during the past ten days because of tte rain. 
Commissioner Hanson said she would recommend that Mrs. Costa's 
request for priority in issuance of certificate be approved, but 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - February 25, 1986 Minutes Page 2 



that the certificate be issued ten days after the Commission's 
resolution. 

B. Craig Lasha - Certificate #3023 expired December 10, 1985; Mr. 
Lasha's telephone-request had been received by the office on 
February 3, 1986. Program Director Lazar stated that the Program 
had received no reports of Mr. Lasha having entered the lottery 
after his certificate's expiration. Commissioner Hanson stated 
she would recommend that Mr. Lasha's request for priority be 
approved. 

III REQUEST FOR RE-HEARING 

A. Lak Lim Tan (Certificate #3052) Mr. Tan's request for a re-hearing 
had been submitted on February 13, 1986 and had stated that he 
had not received the notice of his hearing with the Program Committee 
because he had moved; he was therefore requesting a re-hearing to 
appeal the Commission's resolution of February 3» 1986 (based on the 
Program Committee's recommendation) which found him in violation for 
having conducted business in a disorderly, improper and hazardous 
manner and had suspended his certificate for two months. Mr. Tan 
stated that he had moved five times during the past one and a half 
years. Commissioner Hanson acknowledged that her Committee had 
examined the photos of alleged violation - Mr. Tan's art work 
suspended from ropes tied to public property (trees, trellises, 
posts) at Justin Herman Plaza - at the previous meeting. She noted 
that Mr. Tan could, appeal the Commission's decision to the Board 
of Permit Appeals. Commissioner Hanson said that she would recommend 
that Mr. Tan's request for re-hearing be denied. 

IV SPECIAL STREET ARTIST CERTIFICATE FOR RAY TALIAFERRO 

Commissioner Hanson called for a break in the agenda and stated: "We 
have arrived at a unique moment in history. Present here today are 
some of the principal participants in a Program that began in struggle, 
demand, conflicting points of view, anger, conciliation, stress and 
counterstress ... a Program that has evolved a reluctant marriage 
between those elements and additional ones of accommodation, coopera- 
tion, sometimes sympathy with other viewpoints ... a Program that began 
in both guerrila warfare and non-violent demand has grown to achieve 
recognition in the legal structure and business structure of the city 
... that provides the city with one of its distinctive features 
attractive to citizens and tourists alike ... that offers an avenue 
for making a living to a large number of very individualistic artists 
and crafts persons. The Program was born under the leadership of 
Commissioner Ray Taliaferro for the Art Commission. It has grown to 
adolescence with his guidance always present, as President of the Arts 
Commission or as Chair of the Street Artists Program. It now appears 
on the verge of a qualitative leap in its operation and attractiveness. 

Continued 






STREET ARTISTS PROGRAM COMMITTEE - February 25, 1986 Minutes Page 3 



This meeting is the first time in the history of the Street Artists 
Program that Ray Taliaferro has been neither President nor Program 
Chair for the Arts Commission. It is very difficult to grasp, but 
Commissioner Taliaferro has been liberated. His term of office 
expired last year, and his relief has been found. This is not 
our moment to say goodbye to Commissioner Taliaferro. Rather it 
is our time to bind him to us." Commissioner Hanson presented Com- 
missioner Taliaferro with an 8 1 /2 M x l^" Street Artist Certificate 
and told him: "Today you are being designated an honorary street 
artist of long time standing." The Certificate designated him 
as street artist number A-l authorized to display and vend in 
designated areas the following arts and crafts: "harmonious community 
efforts." The Certificate was large enough to receive the signatures 
of President Nemerovski, Commissioner Hanson,- Commission Director 
Isaacs, Program Director Lazar; Street Artists Association President 
Stark; Fisherman's Wharf Merchants Association President Martin, 
Treasurer Flanigan, and Executive Secretary Baccari; Downtown Merchants 
Association Manager Dolson; Union Square Association Director Lawson; 
and former Downtown Association Manager Pflueger. 

Present at the meeting, signing the Certificate and congratulating 
the Commissioner were President Nemerovski, Director Isaacs, 
Street Artists Association President Stark, and Wharf Merchants 
Association President Martin. Ms. Stark stated that the Commissioner 
had always appreciated the diversity of street artist opinions and. 
had stayed with the Program, though "it's been more than a little 
taxing over the years." Mr. Martin stated that his Association "really 
commend your efforts and the Commission's efforts as well, and thank 
you for the Street Artists Program and what it's become, that it's 
an asset for Fisherman's Wharf, and it's really through your commit- 
ment and personal dedication." 

Commissioner Taliaferro expressed his appreciation for the Certificate 
and stated that during his term of office, the Street Artists Program 
was one of the projects of which he has been most proud. "It's 
really something to be in at the very beginning with something that's 
happening and then to be a participant in making it happen and making 
it move as smoothly as it has gone over the years. I will indeed 
miss my annual debate over whatever the key issue is with Ephraim 
Margolin. ..." He expressed joy over the unification of the merchants 
and the Program, recalling the time when it was the merchants who 
had called the Police on the artists at Union Square, which caused 
the creation of the Program and its evolution into "the largest 
Program of its kind in the nation ... the most inexpensive Program of 
its kind in the nation ..." truly enhancing the artistic environment 
of San Francisco. He went on to say: "We've had hassles - but that's 
the democratic process. It's the art of compromise. And the only 
way you can get compromise is to have opposing points of view and 
try to forge something in the middle. And that's what we've done. 
So I'm very proud of the Street Artists Program, the amount of people 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - February 25, 1986 Minutes Page k 



that I've met in the Program ..." He expressed his pride in the 
Program's Director Howard Lazar and in Commissioner Hanson "because 
she's one of the few Commissioners who stuck with it. The Street 
Artists Program is very tough on you because you have to make 
decisions which are very emotional sometimes because you're depriving 
people of their livlihood when they violate ... and that's very 
tough for an artistoriented soul to handle. But I'm glad we do it. 
I'm glad in 1972 when I made the argument that it ought to be in the 
Arts Commission, not the Police Commission ... it was an artistic 
problem, not a Police problem. My fellow Commissioners at the time 
hated me for it. But we grew to accept the responsibility, and we 
carried it out I think very well. ... Now I know hundreds of people 
I would not have known. ... I'm just pleased that I had an integral 
role in securing their livelihood, quite frankly. And it makes me 
very proud as a native San Franciscan to be able to do that. ... 
Now that I'm no longer on the Commission, I will not feel embarrassed 
as I have been to walk on Beach. Street on the side of the street 
artists. For years ... I would never walk down that side because ... 
the first one would see me, 'Oh hi, Mr. Taliaferro,' and then the 
word would go, and I'd see items go under tables, licenses go up, 
and the scurrying about - and I'd say I'm here causing all this 
discomfort, and so I'd walk on the other side of the street. So 
now I'm glad I'm liberated eough to walk on the" street artist side. 
Lastly, the Commissioner commended the last addition to the Program 
staff: Street Art Inspector Wallace Brown. "In all the time that • 
I've been here I've never seen anyone first of all be accepted so 
totally by the street artist community, appreciated by the merchant 
community, while doing such a very effective and committed job. ... 
Whatever the mix of personality traits it took to finally put some 
stability into that post of Inspector, Wallace has certainly done that." 
The Commissioner expressed his gratitude for having served with the 
Program: "It will be a hole in my existence not to show up, but any 
time I get 'a little hungry for the fever of it ... I'll just walk 
down the hill and say hello to all my friends." 

IV REQUEST FOR CURB PAINTING AT JUSTIN HERMAN PLAZA 

Program Director Lazar submitted a letter-request from street artist 
Kitt Foster for the curb adjacent to Justin Herman Plaza to be painted 
in order to allow the artists (and the general public) to park 
temporarily for the purposes of loading and unloading. In recent years, 
he explained, the artists have received tickets while trying to load 
and unload their displays and merchandise. If approved, the request 
would be made by the Arts Commission to the Director of Public Works. 
Street artist Guy Holman stated that he had sold at the Plaza for ten 
years, and that such a request for curb painting should have happened 
ten years previously. Commissioner Hanson stated that she would 
recommend that the Commission submit such a request to Public Works. 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - February 25, 1986 Minutes Page 5 



V REQUEST BY ADVISORY COMMITTEE MEMBER FOR RE-APPOINTMENT 

Program Director Lazar stated that the term of Frank Baresick, member 
of the Advisory Committee of Street Artists and Craftsmen Examiners, 
had t expired on November 27, 1985, and that Mr. Baresick requested to 
be re-appointed. The Mayor's office had said that the Commission 
could submit Mr. Baresick's name 'without the names of two other 
candidates. Mr. Baresick's crafts are painting, sculpture, ceramics, 
cast and fabricated jewelry. The term would be for two years. Commis- 
sioner Hanson said she would recommend that his name be submitted for 
re-appointment . 

VI REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Sandra Bass - applied August 27, 1985* Mrs. Bass requested to be 
certified as a family unit member with her husband who already had 
a certificate. Commissioner Hanson asked for a justification that 
would warrant boosting Mrs. Bass ahead of the waiting list. Mr. 
John Bass stated that when he had submitted his application, he 
had been unclear as to what the procedure was relative to items 
being made and sold by himself and family unit members. He was 
screened very shortly after applying because he was a veteran; 
since his wife is not a veteran, she has to wait out the waiting 
list. 

Street artist Michael Rogers stated that there was no longer an 
advantage in being a family unit , in that a family unit member who 
obtains a space is the only one who may sell in the space and cannot 
turn it over to another unit member. Street Artists Association 
President Linda Stark stated the fairness of the present space oc- 
cupancy rules; without such rules, large family units could have 
more opportunity than non-unit artists in obtaining spaces for 
certain unit members. Furthermore, if the Program were to grant 
priority to applicants who would be certified as unit members, there 
would be fewer expressions of new crafts, less diversity, entering 
the Program. 

Mr. Bass stated that during the last Christmas season he had been out 
ill for ten days. They had suffered a loss of income because his 
wife could not sell in his place. Mr. Rogers said that the Commission 
should establish a parity between the number of artists and the number 
of spaces, and that the Commission should secure more spaces. Ms. 
Stark responded that the artists and the merchants were working on 
the issue. She again stressed her point: in the past, there were 
family unit members who never sold but only entered the lotteries 
to obtain spaces for other members. 

Commissioner Hanson noted that Mrs. Bass was already on the waiting 
list, and that there were insufficient grounds to grant her request, 
the result of which might open the door to granting innumerable 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - February 25, 1986 Minutes Page 6 



similar requests. The Commissioner said she would recommend denial 
of the request. 

vii new Business 

A. Renewal of Veterans Priority on Waiting List . Program Director 
Lazar informed Commissioner Hanson that the ordinance, adopted the 
previous year, granting priority to veterans in obtaining street 
artist certificates, was by its own provision scheduled to expire 
on March 15, 1986 unless re-authorized by the Board of Supervisors 
upon recommendation by the Arts Commission. Mr. Lazar reported 
that since the ordinance's enactment, 98 street artists had dropped 
out of the Program, permitting (through the Commission's atrition 
policy) 98 new people to be certified. Of the 98, 19 were veterans.* 
Commissioner Hanson noted that that was approximately one fifth or 
2C$ of the permits issued. 

Street Artists Association President Stark stated that if the veterans 
priority were advertized in VA hospitals, there would be a different 
Street Artists Program, and non- veterans would be denied access to 
the Program. Street artist Michael Rogers referred to the State's 
"Licensing by Counties" law which authorizes a "Board of Supervisors 
to issue to such soldier, sailor or marine without cost a license" and 
said that he saw this as a possible answer to the Arts Commission's 
issue - simply create another Program, one of veterans, which would 
not occupy street artist spaces but would be governed by similar regu- 
lations relative to time, size, and manner of selling. 

Commissioner Hanson stated that, historically, preferential legislation 
was adopted to allow veterans to re-enter the social and economic 
structure, overcoming disadvantages; however, the idea of lifetime 
priorities is no more merited by veterans than by other persons. The 
Commissioner said she would recommend that the ordinance not be re- 
authorized. 

The meeting adjourned at *f:10 p.m. Respectfully submitted: 

Howard Lazar £/ 



* At the time of the Commission's consideration of Commissioner Hanson's 
recommendation, Mr. Lazar reported that he had not furnished an accurate 
picture: In truth, there had been 172 artists who had dropped out and 
172 scheduled screenings of new people, 98 of whom showed up and/or 
paid for certificates; 172 scheduled new people vs. 19 veterans = 11$ 
of the scheduled applicants. 



City and County of San Francisco 




STREET ARTISTS PROGRAM COMMITTEE 



Tuesday, March 25, 1986 
2:00 p.m. 

Main Library - Civic Center 
Commission Room (3rd floor) 
Larkin and McAllister Streets 
San Francisco, California 

^ A G E N D A 



Art Commission 



Claire N. Isaacs 
DIRECTOR 



DOCUMENTS DEPT. 

MAR 3 1 1986 

SAN FRANCISCO 
PUBLIC LIBRARY 



HEARINGS ON ALLEGED VIOLATIONS 

A. Mari-Ellen Rowe (Certificate #2573) - Alleged violation: Ord. 4l-83, 

Section 2405(c) (l) and (4) : display width and length regulations, 

B. Marshal Brewster (Certificate #026) - Alleged violation: Ord. 41-83, 

Section 2405(c) (l) and (4) : display width and length regulations, 

C. Sherrie Tatum (Certificate #2986) - Alleged violation: Ord. 41-83, 

Section 2405(b): street artists shall sell only in areas desig- 
nated by the Board of Supervisors. 



II 



NEW BUSINESS 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



I 



-A 



i • ■ • ' 




s/zs/s-t. 



45 Hyde Street 
Suite 319 

San Francisco. CA 94102 
415 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 

March 25, 1986 

Main Library - Civic Center 

Commission Room 

Larkin and McAllister Streets 

San Francisco, California 

^MINUTES 



J-TTv^ - CXcOU-Y+A**\ 



DOCUMENTS DEBT. 

MAY 2 1986 

SAN FRANCISCO 
PUBLIC LIBRARY 



The meeting convened at 2:05 p.m. 

Commissioners present: Hanson and Metwally. 

Commissioner Hanson introduced and welcomed Commissioner Anna Marie B. 
Metwally to the Street Artists Program Committee. 




HEARINGS ON ALLEGED VIOLATIONS 

A. Mari-Ellen Rowe (Certificate #2573)* Program Director Lazar 
referred to the report of Ms. Rowe's alleged violation of 
Ordinance ^1-83, Section 2*f05(c)(l) and {k)\ display width and 
length regulations. Included in the report was a photograph 
of Ms. Rowe and her two tables, one used as a display table 
and the other as a work table, the combination of which allegedly 
exceeded the sales area dimensions of 3' width x k 1 length. 

Ms. Rowe told the Commissioners that she needed a work table, 
and that the public generally enjoys seeing street artists 
working on their crafts. Commissioner Hanson stated that while 
she took no issue with Ms. Rowe's viewpoint, the problem was 
with the letter of the present law. Commissioner Metwally said 
that it would be useful to have such additional usable space, 
but the law, at the present, was unclear. 

Ms. Rowe referred to the Commission's decision in the Mark 
Monsarrat case, a case similar to hers, in which the Commission 
refrained from taking action against Mr. Monsarrat, accepted 
his agreement to cease and desist exceeding the width and 
height dimensions, and requested that such dimensions be re- 
viewed promptly by the committee of merchants, artists, and 
Arts Commissioners. Ms. Rowe said that the same decision applied 
to her case would be agreeable to her, but she would prefer that 
the Commission call a moratorium on enforcing the dimension 
regulations, pending the outcome of an artists-merchants meeting 
scheduled for the following Tuesday. 

Street. Art Inspector Brown testified that Mr. Monsarrat had 
honored his agreement - he and other artists had cut down their 
displays to regulation. 

Mr. Lazar offered a recommendation that the Commission maintain 
consistency in its decisions on violations of size regulations, 
that the same decision be applied to Ms. Rowe as to Mr. Monsarrat. 



Continued. 



STKiiff'J ARTISTS PRCJRAM COMMITTEE - 3/25/86 Minutes Page 2 



Inspector Brown, in answer to Commissioner Metwally, stated that he 
was in accord with Mr. Lazar's recommendation, though he personally 
would like to see the law allow more space for the artists. 

Street artist Larry Rosenbloom told the Commissioners that he felt 
the law was ambiguous and therefore open to the Commission's interpre- 
tation. 

Commissioner Hanson moved that no action be taken against Ms. Rowe, 
that the Commission accept Ms. Rowe's agreement to cease and desist 
exceeding the width and length dimensions - Section 2405(c) (l) and (4) - 
and that such dimensions be taken up under prompt review by the ap- 
propriate committee of merchants, artists, and Arts Commissioners; the 
motion was seconded by Commissioner Metwally and unanimously approved. 

B. Marshal Brewster (Certificate #026) - alleged violation: Ordinance 41-83, 
Section 2405(c) (l) and (4), display width and length regulations. Mr. 
Lazar referred to the report's photo showing Mr. Brewster's clothing 
display and accompanying table supporting long cloth bags. 

Mr. Brewster told the Commissioners that he felt his case was different 
from Ms. Rowe's in that it was not his display that was questionable. 
His display, he said, was 30" x 4' x 4' - less than the required limits. 
He stated that he believed the regulations were vague and ambiguous, and 
that they left themselves open to arbitrary and inconsistent interpre- 
tation. He went on to say that the table supporting his bags containing 
T-shirts was for health reasons: if he were to store them at his feet, 
his continuous bending and lifting of the forty- five pound bags would 
aggravate his back, especially since he now has to carry his child in 
a pack on his back. Additionally, having the bags off the ground was 
better than having them on the sidewalk where the public could trip 
over them. Lastly, he stated that the handling of the case lacked 
certain procedure in that the Inspector took his picture and smirked 
at him without handing him a notice or slip. 

Inspector Brown stated that he told Mr. Brewster that in order to 
maintain his setup within the proper dimensions, he could place the 
bags under the display. 

Street artist Larry Rosenbloom said he could understand the Arts Commis- 
sion wanting to pursue the size regulations issue if there were outside 
parties pressing the issue, but he had not heard of the merchants pur- 
suing it. 

Commissioner Metwally asked Program Director Lazar for a clarification of 
the history of the Commission's enforcement of the size regulations. 
Mr. Lazar stated that from the beginning of the Program and up to the 
previous summer, the Commission had primarily concentrated its enforce- 
ment of the regulations governing the arts and crafts offered for sale 
and had deferred to the Police to enforce the size regulations as well 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - 3/25/86 Minutes Page 3 



as the other regulations (of the Police Code). Last summer, however, 
the City Attorney advised the Commission that it could no longer defer 
to the Police and that it should uphold its responsibility, along with 
the Police, in enforcing all of the regulations of the Street Artists 
Program. The Commission allowed a thirty-day moratorium on enforcing 
the size and location requirements and, at the request of the artists, 
extended it another thirty days to get the artists through the summer 
sales season. After that, the Commission commenced its enforcement of 
all the regulations, with the alleged violations of Mr. Monsarrat, 
Ms. Rowe, and Mr. Brewster being the first of these cases. 

Commissioner Hanson stated that the law, as it was written, was not 
fully clear, and that to crackdown on this issue at the present time 
was not desirable when it appeared possible to resolve the issue. 

Commissioner Metwally agreed that the law was not clear and that 
possibly some qualifiers could be added to the particular section, 
providing for additional space. The Commissioner suggested that an 
announcement be made that the Commission would be in the process of 
clarifying Section 2^f05(c) and pending such clarification, the section 
would be open to interpretation. 

Inspector Brown described how, upon the Commission's enforcement of 
the size regulations, many artists had made great effort to cut down 
their displays; some had actually paid to have them re-built. At 
first , Mr. Brown had allowed a six-inch overage - he had felt that 
was reasonable. He was reported to the office for having played 
favorites. From then on, he enforced the regulations to the letter. 

Commissioner Hanson moved that the Commission proceed within a month 
with measures necessary to develop a clear interpretation of the 
provision of Section 2'+05(c)(l) through (4), and that pending such 
clarification, the Arts Commission's enforcement of such provisions 
be held in abeyance; the motion was seconded by Commissioner Metwally 
and unanimously approved. 

Commissioner Hanson moved that the charge against Marshal Brewster be 
dismissed; the motion was seconded by Commissioner Metwally and unani- 
mously approved. 

Commissioner Hanson moved that the previous motion regarding Mari-Ellen 

Row be rescinded, and that the charge against Ms. Rowe be dismissed; 

the motion was seconded by Commissioner Metwally and unanimously approved, 

Commissioner Hanson moved that Arts Commission decision regarding Mark 
Monsarrat be rescinded and that the charge against Mr. Monsarrat be 
dismissed; the motion was seconded by Commissioner Metwally and unan- 
imously approved. 

Inspector Brown asked for clarification on enforcement. Commissioner 



Continued. 



STKSgT AR'llSTS PROGRAM COMMITTEE - 3/25/86 Minutes Page h 



Hanson directed him to refrain from enforcing the regulations of 
Section 2405(c) (l) through (k) until they are clarified, but to not 
refrain from enforcing the regulation pertinent to selling outside 
of street artist spaces and all other regulations. 

C. Sherrie Tatum (Certificate #2986) - alleged violation: Ordinance Al-83, 
Section 2^05(b): street artists shall sell only in areas designated by 
the Board of Supervisors. According to the report, Ms. Tatum was set 
up on Jefferson Street, not in a designated space. 

Ms. Tatum told the Commissioners that she had not known she was cited, 
that she had only heard of it when notified recently for her hearing, 
and that because the alleged incident occurred five months previously, 
she could not remember specifics. She stated also that the photo 
in the report showed her in a street artist space - J-k - but because 
there are no markings on the sidewalk of J-l through 4, there was a 
strong possibility that the Inspector had been mistaken about her 
location. Furthermore, it is customary for artists to move out of 
their lottery-assigned spaces and move into better spaces during the 
day; her name on the morning's lottery sign-up sheet would be no 
verification of her breaking the law. 

Mr. Brown stated that, while the street markings had been worn away, 
he was positive he told her he was citing her for not being in a 
street artist space and that she had replied, "What am I going to do - 
I have to make some money." 

Commissioner Metwally suggested that the Inspector start issuing 
notices to artists at the time of the incident. Street artist Gerard 
Cracas asked that artists be notified as soon as possible to enable 
them to give their side of the story while the evidence is fresh. 

Commissioner Hanson asked Mr. Brown if he had any doubt about what he 
saw with regard to Ms. Tatum. Mr. Brown said he had no doubt. 

Commissioner Metwally moved that the Commission request the Department 
of Public Works, to re-mark all the street artist spaces as soon as 
possible; the motion was seconded by Commissioner Hanson and unanimously 
approved. 

Commissioner Metwally acknowledged that both Ms. Tatum and Mr. Brown 
were, in agreement that there were no markings on the sidewalk and, in 
light of the fact that the incident had occurred five months previously, 
moved that the charge against Ms. Tatum be dismissed. 

Street artist William Clark objected to the dismissal on the grounds of 
violation of due process because of a five-month delay and asked the 
Commissioners if they were going to dismiss all cases that were backlogged. 
Commissioner Metwally responded that the Commission has a burden to be 
clear about all the regulations, that the Director of the Department of 
Public Works has the responsibility to mark all the spaces, and that, 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 3/25/86 Minutes Page 5 



in addition, the passage of time was another factor to be considered. 
If this last factor were the only reason, she would not recommend 
dismissal. 

The motion was seconded by Commissioner Hanson and unanimously approved. 

II NEW BUSINESS 

A. Notification Procedure and Proposal for Hearing Option Procedure . 
The Commissioners requested that, in the future, the Inspector 
serve notice directly to alleged violators at the time of making 
the report of the incident, and that a copy of the notice be sub- 
mitted to the Program Director for review and determination as to 
whether the report is sufficient to warrant a hearing. 

Mr. Lazar stated that the present "Report of Alleged Violation" 
form could be used by the Inspector immediately. 

Street artist William Clark told the Commissioners that in the 
state's procedures, the individual is notified and given option 
to demand a hearing or waive his right to it. He recommended that 
this be part of the Street Artists Program's procedures. 

Mr. Lazar said he would consult with the City Attorney's office on 
the advantages and compatibility of such a provision with the 
Program's procedures and would report' his findings at the next 
meeting. 

B. Arts Commission Endorsement of Artists-Merchants Agreement on Spaces . 
Street artist Larry Rosenbloom asked that a forthcoming anticipated 
agreement between the artists and the merchants on extra street artist 
spaces be calendared for endorsement on the Arts Commission's next 
agenda. This, he said, would facilitate a request for the spaces 

to the Board of Supervisors for their immediate consideration in time 
for summer. 

Street artist William Clark objected to the proposal being submitted 
to the full Commission without opportunity for review by the Street 
Artists Liaison Committee and Street Artists Program Committee. 

Mr. Lazar said he would schedule the matter for the Liaison Committee's 
April 9th meeting and the Program Committee's meeting at the end of 
April. 



The meeting adjourned at 3^5 p.m. 



Respectfully submitted: 



Howard Lazar 







45 Hyde Street 
Suite 319 

San Francisco. CA 94102 
415 558 3463 



A70,7S" 






i .'.>Ui 



^ STREET ARTISTS PROGRAM COMMITTEE 

—————— ^————— ————— ^— 

Tuesday ^ April 22, 1986 
fTP: 00 a .mT ) ( NOTE : T IME ) 

Main Library-Civic Center 
Commission Room (3rd floor) 
Larkin and McAllister Streets 
San Francisco, California 



DOCUMENTS DEPT. 

MAY Z 1986 

6AN FRANCISCO 
PUBLIC LIBRARY 



AGENDA 



PROPOSAL FROM STREET ARTISTS COALITION AND FISHERMAN'S WHARF MERCHANTS 
ASSOCIATION FOR SPACES AT FISHERMAN'S WHARF 



II RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE RE: CONTINUATION 
OF, AND/OR AMENDMENTS TO, PROCEDURES FOR SALES SPACE OCCUPANCY RULE 

(The procedures that were passed by the Liaison Committee on 
November 20, 1985 , reviewed and amended by the Street Artists 
Program Committee on November 26, I985 , and approved by the 
Arts Commission on December 2, 1985, for -a trial period of 
five months.) 



Ill RECOMMENDATION FROM ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN 
EXAMINERS RE; CRITERIA GUIDELINES FOR "BUTTON JEWELRY" 

(The recommendation: Commercially-manufactured buttons used as jewelry 
must be physically altered on the face of the button or must have 
two or more integral parts, not counting the findings.) 



IV 



NEW BUSINESS 





A70-7S 
* I 



45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 

-' April 22, 1986 

Main Library - Civic Center 
Commission Room 
Larkin and McAllister Streets 
San Francisco, California 

"^-MINUTES 






DOCUMENTS DEPT. 

MAY 1 5 1986 

SAN FRANCISCO 
PUBLIC LIBRARY 



MAYOR 

Dianne Feinstein 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
)o Hanson 
William Paterson 
Anna-Marie B. Metwally 
Peter Rodriguez 
Roselyne C. Swig 
Dmitri Vedensky, )r. 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



Commissioners present: Hanson, Metwally 

Commissioner Metwally called the meeting to order at 10:15 a.m. 

I PROPOSAL FROM STREET ARTISTS COALITION AND FISHERMAN'S WHARF 

MERCHANTS ASSOCIATION FOR SPACES AT FISHERMAN'S WHARF 

Street artist Larry Rosenbloom told the Committee that the recently 
scheduled meeting between the Coalition and the Wharf Association 
had failed to take place due to the inability of key merchants to 
attend. Mr. Rosenbloom requested that an emergency meeting be 
scheduled in the period prior to the next Arts Commission meeting 
(May 5th) - an emergency meeting of the Program Committee - in 
order to receive the Commission's endorsement for submittal to 
the Board of Supervisors' Public Protection Committee on May 8th. 

As the Commissioners could not accommodate an emergency Program 
Committee at this time, Commissioner Metwally asked that a 
meeting between the merchants and the artists be scheduled for 
April 25th; both she and Commissioner Hanson said they would be 
able to attend. 

Mr. Rosenbloom asked that the Program Committee recommend slowing 
down the rate of new applicants receiving certification; this, he 
said, would help the artists' position in their negotiations with 
the merchants. Commissioner Hanson stated that the issue would 
be calendared for the next Committee meeting. 

II RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE RE: CONTINUATION 

OF, AND/OR AMENDMENTS TO, PROCEDURES FOR SALES SPACE OCCUPANCY RULE 

Program Director Lazar stated that he had received a copy of the 
written recommendations only that day. Commissioner Metwally asked 
that the matter be re-scheduled for the following month's meeting 
in order to afford an opportunity to study the recommendations. 

III RECOMMENDATION FROM ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN 

EXAMINERS RE: CRITERIA GUIDELINES FOR "BUTTON JEWELRY" 

Mr. Lazar submitted the Advisory Committee's written recommendation: 
"Commercailly-manufactured buttons used as jewelry must be physically 
altered on the face of the button or must have two or more integral 




Continued. 



SIBEEI ARTISTS Ii^.uiii CUMIUITEE - April 22, 1986 Minutes Page 2 



parts, not counting the findings." Street artist Sally Rowley showed 
samples of her work to the Program Committee and described how she 
• spent time and effort altering the back of a button (filing off the 
post) which constituted as much artistic application as altering the 
face of the button or doing other crafts, as beadcraft. Street artist 
Virginia Burris asked that alteration of the back of a button be al- 
lowed, provided that the artist prove he/she is doing it. Mr. Lazar 
recommended that it not be allowed, as it would be virtually impos- 
sible to deter the proliferation of commercially manufactured buttons 
that are made without posts. Commissioner Hanson stated that she felt 
the criteria should be stronger, that the phrase "or must have two or 
more integral parts" be deleted. There was discussion as to the 
Advisory Committee's intent and definition of "two or more integral 
parts" - did it mean additional beads or buttons? - and it was decided 
that the criteria recommendation be sent back to the Advisory Committee 
for further clarification/refinement. The Commissioners also asked 
that at least one member of the Advisory Committee be present at 
the Program Committee meeting to explain the criteria. 

IV NEW BUSINESS 

A. Meeting Time for Program Committee . The Committee decided that 
their meetings be held on the third Tuesday, at 4:00 p.m., of 
each month. 

B. Proposal from Street Artist William Clark to Amend Charitable 
Solicitors Ordinance . Mr. Lazar described how the new size 
regulations governing the charitable solicitors' displays have 
restricted the solicitors from much of the space on Jefferson 
Street, and, as a result, how the solicitors have found room to 
set up their displays directly opposite the street artists on 
Beach Street, infringing on the street artist's regulation to 
maintain a ten- foot pedestrian passageway, possibly presenting 

a congestion problem this summer, and, with commercially-manufactured 
items offered for sale directly opposite street artist handmade 
items, adversely affecting the credibility of the Street Artists 
Program. Mr. Lazar presented Mr. Clark's proposal to remedy the 
problem by prohibiting the charitable solicitors from setting up 
"within five feet from the outer edge of any " street artist space 
"measured in each direction parallel to the curb line and thence 
at a 90 degree angle to the inner edge or building line of any 
sidewalk." 

Mr. Clark told the Committee that this situation occurs not only 
on Beach Street but in other locations of street artists. He 
submitted his proposal as one method to alleviate the problem; 
there could be other ways of amending the law to accomplish the 
same purpose. Commissioner Hanson asked Mr. Lazar to confer with 
the City Attorney on ways in which the law could be amended. 

The meeting adjourned at 11:12 a.m. 

Respectfully submitted: 



7^/2(W-^^ — 



Howard Lazar 




A70.7S" 
5/W&V 



^g%r?ri • /-^o>-^wS" ^U^cZ^v 



w> 






45 Hyde Street 

Suite 319 

San Francisco. CA 94102 

415 558 3463 



*&, STREET ARTISTS PROGRAM COMMITTEE 
>-" 

^ May 20, 1986 

Main Library - Civic Center r*^-* . . . - _ 

Lurie Room DOCUMENTS DEfT. 

Larkin and McAllister Streets ..... n _ < 0( _~ 

JUN 2 5 1986 






San Francisco, California 
MINUTES 



SAN FRANClSw 
PUBLIC LIBRARv 



MAYOR 

Dianne Feinstein 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
Peter Rodriguez 
Roselyne C. Swig 
Dmitri Vedensky, ]r. 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



Commissioners present: Hanson and Metwally 

Commissioner Hanson called the meeting to order at ^rOO p.m. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Douglas Merritt - Certificate #2668 expired December 7i 1985; 
Mr. Merritt mailed renewal payment on April 30, 1986. Program 
Director Lazar told the Committee that Mr. Merritt had tele- 
phoned him in March (within three months of his certificate's 
expiration) and had requested a hearing on the matter, but 
Mr. Lazar failed to place it on the Committee's agenda for 
April. Commissioner Hanson moved that Mr. Merritt' s request 
be approved; the motion was seconded by Commissioner Metwally 
and unanimously approved. 

B. Rene del Valle - Certificate #391 expired March 4, 1986; Mr. 
del Valle submitted a request for priority in issuance on May 1, 
1986. Commissioner Hanson moved that Mr. del Valle 's request 

be approved; the motion was seconded by Commissioner Metwally 
and unanimously approved. 

C. Philip Zamorra - Certificate #3084 expired May 1, 1986; Mr. 
Zamorra submitted a request for priority in issuance on May 16, 
1986. Commissioner Metwally moved that Mr. Zamorra' s request 
be approved; the motion was seconded by Commissioner Hanson 
and unanimously approved. 

D. Lak Lim Tan - Certificate #3052 expired April 10, 1986; Mr. Tan 
submitted a request for priority in issuance on May 19 1 1986. 
Commissioner Metwally moved that Mr. Tan's request be approved; 
the motion was seconded by Commissioner Hanson and unanimously 
approved. 

II REQUEST BY APPLICANT FOR ISSUANCE OF CERTIFICATE 

A. Royce Vaughn - Mr. Vaughn had waited two and a half years for 
his screening of wares and was screened on January 28, 1986. 



Continued. 






^Qtto^v 



STREET ARTISTS PROGRAM COMMITTEE - May 20, 1986 Minutes Page 2 



He failed however, to pay for his certificate within the allotted 
ten working days from the date of his screening. Mr. Lazar told 
the Committee that Mr. Vaughn contacted him and explained that 
he had had no money to pay for the certificate but now was able 
to do so. Mr. Lazar said that the Committee had, in the past, 
approved similar cases, though few in number. 

The Commissioners acknowledged that, if the request were approved, 
a certificate could not be issued this month due to the Commission's 
thirty-day moratorium, and there was a question as to whether it 
was likely that the moratorium would be lifted in thirty days. 
The Commissioners also ascertained that applicants are given the 
rules governing issuance and renewal of certificate prior to 
their screening. Commissioner Metwally stated that cases like 
Mr. Vaughn's could occur frequently, rendering the ten-day rule 
meaningless. Mr. Lazar stated that, prior to the rule, many ap- 
plicants were paying for their certificates weeks, sometimes months, 
after their screening - and this was creating problems with the 
Program's projected revenue and budget. Commissioner Metwally 
requested that the Director provide a history of the Committee's 
decisions on previous similar cases, the Committee's rationale 
for waiving the rule. Mr. Lazar said he would provide this and 
would inform Mr. Vaughn that the Committee could not support his 
request at this time. 

Ill RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE RE: AMENDMENTS 
TO PROCEDURES FOR SALES SPACE OCCUPANCY RULE 

(The procedures that were drafted by the Liaison Committee on 
November 20, I985, reviewed and amended by the Street Artists 
Program Committee on November 26, 1985, and approved by the Arts 
Commission on December 2, 1985i for a trial period of five months.) 

Street Artists Liaison Committee Chairman Linda Stark stated that 
her Committee had reviewed the procedures and looked for ways to 
strengthen them. One of their recommendations being submitted 
was the provision for a special lottery to assign leftover, least 
desirable, spaces. The precedent for this was the unofficial 
lottery that was held for unassigned spaces on Stockton Street, 
which eliminated the dangerous practice of artists racing away 
from the lottery at the Wharf and speeding through the Stockton 
Street tunnel to be the first ones at the leftover spaces. Ms. 
Stark read each of the proposed amendments to the occupancy pro- 
cedures. 

In addition, Ms. Stark offered the following amendment to the 
Lottery Rules: In instances when an artist is entered into a lottery 
twice (due to either a mistake by the Lottery helpers or due to 
outright attempted fraud), the artist would be allowed to retain 
the "worst" of his two numbers for usage in the lottery. Commis- 
sioner Metwally moved that the following provision be added to 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - May 20, 1986 Minutes Page 3 



the Lottery Rules: " Where a street artist's lottery number is 
drawn twice in a lottery, the artist will be assigned the higher 
of the two numbers. " The motion was seconded by Commissioner 
Hanson and unanimously approved. 

Ms. Stark also proposed that the Lottery's "helper's rule" be 
amended. Commissioner Hanson moved that the following provision 
be added to the "helper's rule": " In a three-day lottery period , 
if an artist is helper on a second day, the artist may enter the 
lottery on the first day and either use that number on the first 
day or retain his/her helper position for the second day; but if 
the artist chooses to be helper, the artist forfeits the right 
to use that number for any other day of that period. This applies 
to both helpers and Lottery Committee members. " The motion was 
seconded by Commissioner Metwally and unanimously approved. 

Commissioner Metwally moved that the recommendations of amendments 
to the occupancy procedures, as submitted by the Liaison Committee, 
be approved; the motion was seconded by Commissioner Hanson and 
unanimously approved. 

IV PROPOSAL FOR "STREET ARTISTS FAIR" 

(The Committee chose to take this item of "New Business" out of 
order. ) 

Street Artist Larry Rosenbloom of the Street Artists Coalition 
described how, over the years, the artists had lost three major 
areas of spaces at Fisherman's Wharf: the Jefferson Street spaces, 
due to construction; the Taylor Street spaces rendered almost 
useless, due to the presence of vendors renting spaces on the 
Longshoremen's parking lot; and the decline of the Beach Street 
spaces, due to the charitable solicitors selling commercially 
manufactured goods on Beach Street. To compensate for the 
Beach Street problem, Mr. Rosenbloom proposed a "street artists 
fair' for the summer months which, by resolution of the Board of 
Supervisors, would add street artist spaces along the Beach Street 
wall fronting Victorian Park, the spaces to be included in the 
lottery. The proposal also included a street artist logo, adver- 
tizing and other promotion, a banner, an information table offering 
discount coupon books for the crafts of various artists. Mr. 
Rosenbloom said that Beach Street had been the last area of the 
Wharf that retained a crafts ambiance; but now that area was 
taken over by the merchandise of the charitable solicitors. 
He said that his proposal would express the view that the artists 
are an asset to the Wharf. The proposal would also ease the 
"space crunch" during this time of negotiations with the merchants. 
He requested (a) the Arts Commission's support of Beach Street as 
a designated "street artist showcase" with street artist spaces 



Continued. 



■STREET ARTISTS PROGRAM COMMITTEE - May 20, 1986 Minutes Page k 



along the wall for July, August, and September, and (b) that any 
available funds of the Street Artists Program be used for promotion 
purposes. 

Street Artist Robert Clark objected to the proposal due to its 
creation of a safety problem. He stated that the Supervisors, in 
the past, had denied usage of the wall area because of congestion 
problems. He further stated that Mr. Rosenbloom and his contingent 
were not interested in creating a quality crafts environment; they 
merely wanted to squeeze artists back onto the street. He asked 
that the matter be referred to the Liaison Committee. He added that 
he had faith in the merchants' ability to work with the Board of 
Supervisors in legislatively removing the charitable solicitors 
from the wall. 

Street Artist William Clark stated that the best argument the Arts 
Commission could have in asking for the removal of the charitable 
solicitors is that their presence along the wall poses a safety 
hazard. The merchants, Supervisors, and Mayor will not allow it. 
Other solutions could be reached with the merchants. 

Commissioner Hanson ascertained that, in the best possible case, a 
proposed new law that would remove the charitable groups from Beach 
Street, would be in effect by the end of summer; and, in the worst 
case, the new law could be challenged and held up indefinitely. 
She asked what would be a reasonable way to deal with the groups 
at the present time. 

Mr. Clark responded that the street artists should pull their displays 
back to eighteen inches from the curb and that the artists should be 
encouraged to live peacefully with the groups while the Supervisors 
look at the situation. Mr. Clark said he looked to the strength 
of the merchants to motivate the Supervisors to end the practice 
of vendors renting spaces at the Longshoremen's lot, which would 
once again make the street artist spaces on Taylor Street viable. 

The Program Committee adopted the following recommendation: "In 
order to maintain the integrity and quality of the Street Artists 
Program, it is necessary to distinguish arts and crafts selling from 
the selling of commercial goods. To this end, the Arts Commission 
supports the proposal by the San Francisco Street Artists Coalition 
to request that Beach Street be designated as the site of the "Street 
Artists Fair" during the summer months of 1986, with the conditions 
that (l) the Program present a clear identity and image of street 
artists with logo and informational material; (2) that any additional 
street artist spaces be requested for designation at a maximum of 
ten feet and a minimum of five feet apart; and (3) that such 
designation continue until such time that effective legislation and 
enforcement are in place for regulation of commercial vending on 
the streets." 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - May 20, 1986 Minutes Page 5 



HEARING ON CERTIFICATION RATE OF NEW APPLICANTS 

Street Artist Dennis Klein read to the Committee a prepared resolution 
that stated that the Commission's current policy of screening appli- 
cants at the atrition rate was not alleviating the necessity for 
more spaces, and requested that the moratorium on issuance of new 
certificates be extended another thirty days while a committee be 
formed to draft a plan that would ensure any artist a reasonable 
opportunity for obtaining a good sales space. 

Commissioner Metwally acknowledged a 1977 City Attorney letter sub- 
mitted by Street Artist William Clark, which stated that the Arts 
Commission does not have the power to limit the number of certifi- 
cates. The Commissioner said that she wanted to study the document 
and find out whether the City Attorney had made any interpetation 
on the issue since 1977. 

Mr. Clark requested that the moratorium be discontinued, that screening 
resume on a normal basis, and that a City Attorney opinion be requested 
as to whether any moratorium can be allowed. He further stated that 
if it was necessary to limit the number of certificates, it should 
be done the way it is supposed to be done - through the ballot. 

Street Artist Larry Rosenbloom said that his organization was not 
asking that screening be stopped altogether; it was just that the 
atrition rate, they felt, was inadequate, and that the Commission 
should slow down the rate of screening. 

Commissioner Metwally said that the Committee could check on how 
the PUC issues licenses for trucking - the guidelines that are used. 

Commissioner Hanson asked that the Program Director set up a hearing 
on this issue for the next meeting. Commissioner Metwally asked 
that a representative of the City Attorney be present. 

The Commissioners asked that a meeting of the Street Artists Liaison 
Committee be held to draft recommendations for the Program Committee. 



The meeting adjourned at 6:00 p.m. 



Respectfully submitted: 



Howard Lazar 6' 




A70,-7b 



£<BS1 



b(t*l&t» 



45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 



June 2k, 1986 

Main Library - Civic Center 

Lurie Room 

Larkin and McAllister Streets 

San Francisco, California 

S MINUTES 



DOCUMENTS DEPT. 

JUL 2 1986 

SAN FRANCISCO 
PUBLIC LIBRARY 



Commissioners Present: Hanson 

Commissioner Hanson convened the meeting as a committee-of-one at k:05 p.m. 



MAYOR 

Dianne Feinstein 



COMMISSIONERS 
Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
Peter Rodriguez 
Roselyne C. Swig 
Dmitri Vedensky, Jr. 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Lily Dong . (Ms. Dong applied on April 5, 1983 , and was notified 
for a screening of wares for October 29, 1985 but did not appear. 
Ms. Dong submitted a request for another appointment, which was 
received by the Program on June 12, 1986.) Ms. Dong told Com- 
missioner Hanson that she had been unable to make her screening 
because she had been starting her senior year in high school, 
that her mother had called the office to inform the Program of 
this, and that now that she had graduated, Ms. Dong was request- 
ing another opportunity for a permit. Commissioner Hanson said 
that she would recommend to the full Commission on July 7th that 
Ms. Dong be approved for priority above the waiting list in is- 
suance of certificate. 

B. Royce Vaughn , (matter continued from 5/20/86 Program Committee 
meeting) Program Director Lazar informed the Commissioner that 
he had been in error in reporting in the previous month's 
minutes that Mr. Vaughn had waited two and a half years for 

his screening; Mr. Vaughn had applied in January of 1986 and, as 
a veteran, had received priority above the waiting list for a 
screening and issuance of certificate. Mr. Vaughn was screened 
in the same month. He had failed, however, to submit payment 
for a certificate within the allotted ten working days from the 
date of his screening. Mr. Vaughn contacted the Program in May, 
four months later, to request opportunity to pay for his 
certificate. His letter stated: "The basis of this request is 
that of hardship. I was not physically or financially in 
position to get requirements in at the previously required time." 
As requested by the Program Committee at the previous meeting, 
Mr. Lazar had sent the Commissioners a memo of the history of 
the Committee's decisions on similar cases, the Committee's 
rationale for waiving the rule. There had been seven cases 
based on reasons, generally, of illness/hospitalization, 
language problems/failure to understand the requirement, child- 
care, choosing another job, or simply being one day late. Com- 
missioner Hanson noted that Mr. Vaughn had not had to wait the 
customary two to two-and-a-half years for a screening, and that 




Continued. 



STREET ARTISTS PROGR/JI COMMITTEE - June Zh % 1986 Minutes Page 2 



a good deal of time had passed since his screening and his sub- 
sequent communication with the Program. The Commissioner stated that 
she would recommend that Mr. Vaughn be disapproved for priority in 
issuance of certificate. 

II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Susan Frank - Certificate #137 had expired February 21, 1986; her 
request for priority was received by the Program on June 10, 1986, 
nineteen days past the three-month allowance for consideration of 
such cases. Ms. Frank had written that she had been very active 

in working for ."charitable organization that feeds and houses people 
who are unable to take care of themselves and who have enrolled in a 
rehabilitation program." Commissioner Hanson said she would recommend 
that Ms. Frank be approved, without regarding this as a precedent, 
for priority in issuance of certificate. 

B. John T. Shaw - Certificate #3091 had expired May 27, 1986; his request 
for priority was received June 12, 1986. Commissioner Hanson said she 
would recommend that Mr. Shaw be approved for priority in issuance. 

C. Jane Khoshefat - Certificate #2287 had expired April 24, 1986; her 
request was received June 19, 1986. The Commissioner said she would 
recommend that Ms. Khoshefat be approved for priority in issuance. 

D. Eug ene Feliciano - Certificate #31^0 had expired May 25, 1986; his 
submitted .payment for renewal was postmarked June 19, 1986. The Com- 
missioner said she would recommend that Mr. Feliciano be approved 
for priority in issuance. 

E. Richard Bryson - Certificate #31^7 had expired May 25, 1986; his 
request was received June 23, 1986. The Commissioner said she 
would recommend that Mr. Bryson be approved for priority in issuance. 

III REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Kathy Wildman . Ms. Wildman had applied for a certificate on July 21, 
1982, and had requested and received postponements of screening on 
two previous occasions. Her recent letter explained that she was 
still helping her grandmother in Ohio and requested a six-month 
postponement. Commissioner Hanson said she would recommend that 
Ms. Wildman be approved for postponement of screening until December, 
1986. 

IV REVISED RECOMMENDATION FROM ADVISORY COMMITTE OF STREET ARTISTS AND 

CRAFTSMEN EXAMINERS: CRITERIA GUIDELINES FOR "BUTTON JEWELRY" 

(On April 22, 1986, the Program Committee requested that a recommendation 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 2k % 1986 Minutes Page 3 



from the Advisory Committee be sent back to the Advisory Committee 
for further clarification and refinement. On May 27th, the Advisory 
Committee adopted a revised recommendation for submittal to the 
Program Committee.) Commissioner Hanson read the revised recommenda- 
tion: "Commercially manufactured buttons used as jewelry must be 
physically altered on the face of the button - for example, with 
painting, carving, collage - or they must have two or more integral 
parts - for example, additional buttons, beads, feathers, or metal 
parts - attached to the face of the perimeter of the buttons 
(excluding findings)." The Commissioner stated that she" felt the 
criteria should be more demanding of effort on the part of the artist. 
Advisory Committee member Sherri Miller stated that her committee 
wanted to see the artists more involved in this craft, as they had 
seen buttons that had not been altered but had merely had posts added 
to them. The Commissioner responded that she wanted to see the 
committee have leeway in interpreting its criteria, in assessing 
an artist's input in his/her craft. She stated further that as an 
example of minimal input, a red button painted green would not 
constitute a significant alteration of the button. 

Advisory Committee member Mathew Porkola referred the Commissioner 
to the criteria for commercially manufactured pendants in earrings 
as giving the committee leeway in determination: "A commercially 
manufactured penadant may be permissible in an earring when the 
pendant has been determined by the Advisory Committee to be an 
integral element of, and/or subordinate to, the total design of 
the earring." Mr. Porkola suggested that, for the "button jewelry" 
criteria, the term "physically altered" be replaced with "significantly 
and/or predominantly altered." The Commissioner agreed with this and 
offered a similar revision for the second part of the criteria: "... 
two or more integral parts ... that significantly alter the commercially 
manufactured button." 

Street artist Larry Rosenbloom asked that implementation of the new 
criteria be postponeed for sixty days to allow him to sell off his 
stock. Commissioner Hanson said she would recommend thirty days. 

The Commissioner said she would recommend that the following criteria 
guidelines for "button jewelry" be approved and implemented in thirty 
days after adoption: "Commercially manufactured buttons used as 
jewelry must be predominantly and/or significantly altered on the face 
of the button - for example, with painting, carving, collage - or they 
must have two or more integral parts - for example, additional buttons, 
beads, feathers, or metal parts - that significantly alter the com- 
mercially manufactured button." 

V REQUEST FROM ADVISORY COMMITTEE FOR CLARIFICATION AS TO WHETHER THE 

ARTS COMMISSION HAS THE AUTHORITY TO ESTABLISH QUOTAS OF CERTIFICATE- 
HOLDERS FOR CATEGORIES OF CRAFTS 

Program Director Lazar explained that the Advisory Committee was of the 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - June 24, 1986 Minutes Page k 



opinion that quotas on crafts would help in balancing the diversity 
of the Program and would, in the long run, be helpful in fostering 
the Program's image. This opinion, he said, was shared by both the 
Director of the Arts Commission and himself. 

Street artist Robert Clark opposed this and referred to a letter 
written by Deputy City Attorney Robert Kenealey, on March 31 1 1977i 
responding to various questions Mr. Lazar had submitted at the time 
on behalf of the Program Committee: "... This office has previously 
advised the Board of Supervisors that it does not have the power 
to limit the number of certificates available and neither would the 
Arts Commission.'* Mr. Kenealey had then responded to a recommendation 
that would have limited each craft to 15% of the total number of 
certificates issued: "The answer would be the same. The Commission 
would not have the power to limit the number of certificates." 

Commissioner Hanson chose to consider this issue along with another 
item on the agenda: HEARING ON CERTIFICATION RATE OF NEW APPLICANTS. 

Mr. Lazar told the Commissioner that the certification rate issue - 
especially the request from some of the artists heard the previous 
month for a moratorium - would be considered in the City Attorney's 
office as soon as Deputy City Attorney Boyajian returned from vacation. 
Before leaving, Ms. Boyajian had advised that the Commission take no 
action until her office could review the matter. 

Street artist Larry Rosenbloom asked that the Commission request a 
more recent opinion from the City Attorney on limiting the number of 
certificates. He asked that if the City Attorney would allow it, 
the Commission slow down its screenings of applicants. He added that 
if there was logic to screening newcomers based on atrition (certificate- 
holders relinquishing their certificates), it was just as logical to 
screen newcomers based on available selling space. He asked that 
the Program Committee state this in principle at this time and then 
request legal clarification. 

Commissioner Hanson said she could not comply with the request at 
this time; and that clarification would be sought on how the Commission 
could legally accomplish what it wished to do administratively. She 
asked if there was anyone present who objected to the principle of 
reducing the number of certificates if it became clear that there 
would not be a significant number of spaces for the artists. 

Street artist William Clark stated that he preferred to see a more 
meaningful screening procedure which would include visits to workshops 
of the applicants. This would not only physically limit. the number of 
applicants who could be screened but would also provide screening on 
a more regular basis so that applicants would have a better idea of 
when they would be screened. 

Commissioner Hanson asked that a hearing on limiting the number of 
certificates be scheduled for the next Program Committee meeting. She 
adjourned the meeting at 5 '-05 p.m. 

Respectfully submitted: 
Howard Lazar ~ 






STREET ARTISTS PROGRAM COMMITTEE 

JUNE 2k i 1986 MEETING : RECOMMENDATIONS 

Commissioner Hanson held the meeting as a committee-of-one and will submit 
the following as recommendations to the full Arts Commission on July 7th 
(under Committee Report ): 

1) RECOMMENDED that applicant Lily Dong be approved for priority above the 
waiting list in issuance of certificate. 

2) RECOMMENDED that applicant Royce Vaughn be disapproved for priority 
above the waiting list in issuance of certificate. 



3) RECOMMENDED that former certificate-holder Susan Frank be approved 
(without regarding this action as a precedent) for priority in 
issuance of certificate. 



h) RECOMMENDED that former certificate-holders John T. Shaw, Jane Khoshefat, 
Eugene Feliciano, and Richard Bryson be approved for priority in issuance 
of certificate. 



5) RECOMMENDED that applicant Kathy Wildman be approved for postponement 
of screening until December, 1986. 

6) RECOMMENDED that the following criteria guidelines for the craft "button 
jewelry" be approved and implemented in thirty (30) days after adoption: 
"Commercially manufactured buttons used as jewelry must be predominantly 
and/or significantly altered on the face of the button - for example, 
with painting, carving, collage - or they must have two or more integral 
parts - for example, additional buttons, beads, feathers, or metal parts 
that significantly alter the commercially manufactured button." 



DOCUMENTS DEPT. 



JUL 3 



1986 



&h. ■•-" i - ■~~ > 

PUBLIC LIBF 




5F 



45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 



July 29, 1986 

Main Library - Civic Center 

Lurie Room 

Larkin and McAllister Streets 

San Francisco, California 



MAYOR 

Dianne Feinstein 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LnRocra 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



.■■- MINUTES 
The meeting was called to order at 3'00 p.m. 
Commissioners present: Hanson, Metwally. 



DOCUiy»I|NjT§ D£PT. 

AUG 5 1986 



SAN FRAMC&CO 
PUBLIC LIBRARY 



II 



REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Ronda Bonati - applied April 28, 1983, was notifed ,by the 
Program in September, 1985, for a screening of her wares, but 
had moved and did not receive the notice. Commissioner Hanson 
moved that Ms. Bonati' s request be approved; the motion was 
seconded by Commissioner Metwally and unanimously approved. 

B. Duane Teeter - applied July 5i 1983, was notified in January, 
I986, for a screening, but had moved and did not receive the 
notice. (His notice was returned to the Program on January 
29th.) Commissioner Hanson moved that Mr. Teeter's request 
be approved; the motion was seconded by Commissioner Metwally 
and unanimously approved. 

REQUEST BY FORMER CERTIFICATE- HOLDER FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Peter Bent - Certificate #3098 expired June 2k % 1986; Mr. Bent 
submitted his request for priority in issuance of certificate, 
on July 14, 1986. Commissioner Hanson moved that Mr. Bent's 
request be approved; the motion was seconded by Commissioner 
Metwally and unanimously approved. 



III REQUEST BY APPLICANT FOR POSTPONEMENT. OF SCREENING 

A. Lou Kessler - applied June 21, 1983; was scheduled for screening 
on July 29, 1986; Mr. Kessler requested postponement of screen- 
ing for one year (until July, 1987). Commissioner Hanson moved 
that Mr. Kessler 's request be approved; the motion was seconded 
by Commissioner Metwally and unanimously approved. 

IV REQUEST BY PROGRAM DIRECTOR FOR PRIORITY HEARING ON ALLEGED VIOLATION 

Program Director Lazar reported that he continued to receive reports 
about two certificate-holders, Gerard Pepper Cracas and Martin 
Butschek, allegedly violating the street artists ordinance by 




Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 29, 1986 Minutes Page 2 



pushing their displays together and thereby exceeding the size regula- 
tions. The Art Inspector had issued a notice of alleged violation to 
Mr. Butschek. According to reports from the Inspector and from various 
artists, the two certificate-holders were continuing the violation 
through the summer. Mr. Lazar asked the Commissioners to allow him to 
move the case up from the backlog and to submit it for a hearing at the 
next Committee meeting. Commissioner Hanson moved that the Director's 
request be approved; the motion was seconded by Commissioner Metwally 
and unanimously approved. 

V TIME LIMITS FOR TESTIMONY IN HEARINGS ON ISSUES AND ALLEGED VIOLATIONS 

Commissioner Metwally stated that she had requested that this matter 
be placed on the agenda, and that she felt it was possible for a person 
to make an argument in two to three minutes, and that she was therefore 
requesting, in the interest of efficiency, that the Committee adopt a 
policy of limiting each person to two to three minutes for comment, and 
that issues and items be listed with approximate times on the agenda. 
(The listing of times would benefit individuals who wanted to attend 

only for particular issues and not for an entire meeting.) Program 
Director Lazar stated that the City Attorney's office had clarified 
that the Committee could, like the Board of Permit Appeals, set such 
time limits and had recommended that it also allow for expanded time 
on issues or testimony whenever the Committee would feel it appropriate. 
Commissioner Hanson moved that the Program Committee follow a procedure 
whereby the times of issues and matters be posted on each agenda and 
that speakers be allotted two minutes for comments, provided that the 
Committee, at its discretion, may increase the allotted time where there 
is just cause; the motion was seconded by Commissioner Metwally and 
unanimously approved. 

VI HEARINGS ON ALLEGED VIOLATIONS 

A. Sherry Schulte - Certificate #3019. Mr. Lazar stated that Ms. Schulte 
and her display were photographed on November 15, 1985, for displaying 
items not of the artist's own creation. The Committee examined the 
photos showing pendant-style jewelry which, Mr. Lazar stated, were 
commercially manufactured and not allowed. Inspector Brown testified 
that the items in the photos he took were commercially manufactured. 
Ms. Schulte was not present. Commissioner Hanson moved that Ms. 
Schulte be found in violation for displaying items not of the artist's 
own creation; the motion was seconded by Commissioner Metwally and 
unanimously approved. 

Commissioner Hanson noted that, due to the backlog of cases and 
priority issues with which the Program had been involved, Ms. Schulte 's 
case had not been heard until eight months after the alleged violation. 
Under normal circumstances, the Commissioner said, a case would be 
heard at the next meeting following the violation, that the hearing 
procedure - from Committee level through Board of Permit Appeals level - 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 29, 1986 Minutes Page 3 



would normally involve six weeks, and that if a suspension were given 
to the artist, it would occur right after that amount of time. 
In applying this reasoning to Ms. Schulte's case, both Commissioners 
Hanson and Metwally felt that optimally the", case would have been heard by 
Committee last November, a decision would have been passed by the 
Commission in December, and - allowing for an appeal before the 
Board of Permit Appeals and the Board upholding the department - the 
suspension would have begun in January. Commissioner Hanson moved 
that the two-month suspension of Ms. Schulte's certificate be deferred 
until January 1, 1987; the motion was seconded by Commissioner Metwally 
and unanimously approved. 

B.. Michael Tugendman - Certificate #1323. Mr. Lazar submitted the Inspector's 
report and photograph of Mr. Tugendman 's display on December 19, 1985, 
and related that, on that date, the Inspactor noted that Mr. t Tugendman 
was selling allegedly in a location not designated for street artists, 
on Market Street near Montgomery, specifically between street artist 
spaces "M 51" and "M 52". Inspector Brown testified that Mr. Tugendman 
was set up about fifteen feet away from "M 51", close to where the 
non-profit solicitors set up. 

Mr. Tugendman told the Committee that he was not notified that he had 
been cited, and that too much time had gone by for him to recall his 
witnesses and prepare a case. Mr. Brown told the Committee that he 
told Mr. Tugendman at the time that he was citing him for not being 
in a legal space, and that Mr. Brown then took a picture of Mr. 
Tugendman' s display and Joseph Russo's and Rene Lepre's - as they were 
all lined up in a row between "M 51" and "M 52." The Committee noted 
Mr. Tugendman's location on the map attached to the Inspector's report. 
Mr. Brown added that the adjacent street artist spaces were clearly 
marked at the time and were occupied by street artists. 

At this point, Commissioner Hanson asked Ms. Renee Lepre if she had 
been notified after the Inspector had photographed her alleged viola- 
tion. Ms. Lepre said that she had not been notified, and that seven 
months was too long of a time for her to adequately recall the inci- 
dent and prepare her case. 

Commissioner Hanson asked Mr. Russo about his alleged violation on the 
same day. Mr. Russo stated that the penalties for such violations 
were not published. Mr. Lazar clarified that such violations had not 
been included in the Commission's published hearing procedure and 
penalties of the year before because the Commission had not been 
enforcing the space regulations until so directed by the City Attorney 
just a few months before Mr. Russo's, Ms. Lepre's, and Mr. Tugendman's 
alleged violations. Upon the City Attorney's directive, the Commission 
had elected to amend its hearing procedure (last August) by adding 
violations of the space regulations to its list of violations. 

Commissioner Metwally noted that, a few months previously, the Corn- 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 29, 1986 Minutes Page k 



raittee had corrected the notification problem by directing the 
Inspector to issue a notice to the artist at the time of the incident 
and submit a carbon copy of the notice to the Director. 

Commissioner Hanson stated that she was satisfied that the Inspector 
had notified the three artists verbally of their violations, and that 
the three had had as much opportunity to prepare a defense just as 
if they had received written notice at the time. The Commissioner 
moved that Mr. Tugendman, Ms. Lepre, and Mr. Russo be found in viola- 
tion for selling in a location not designated for street artists, and 
that a two-month suspension for each commence on February 1, 1987; 
the motion was seconded by Commissioner Metwally and unanimously 
approved. 

Mr. Russo stated that for such violations, the Police have traditionally 
given $50 fines and the courts have tossed many of these cases out. 
Mr. Tugendman stated that the Arts Commission had gone on record as 
stating that it would consider such cases on a case-by-case basis and 
would not consider such violations as severe as, for example, that of 
selling items not created by the artist. He submitted a copy of the 
Program Committee's July 23, 1985 minutes which stated: 

... The Commissioners clarified that while the additional 
list of violations would be subject to the Hearing Pro- 
cedure' s present penalties, the Commission would, as per 
the advice of the City Attorney, "exercise its discretion 
whether to suspend or revoke a street artist certificate 
for violation of the sales space regulations on a case-by- 
case basis pursuant to the Commission's powers under Police 
Code Section 2^08." At the following month's meeting, the 
Program Committee would make a study of penalties with the 
artists and consider specific penalties for violations of 
the sales space regulations. 

In light of the City Attorney's advice, the Commissioners asked 
Program Director Lazar for a recommendation of an appropriate suspen- 
sion period. Mr. Lazar stated that if this were an ongoing, continuous 
violation, he would recommend the two-month suspension; however, since 
this was a one-time occurrence for each of the three artists, he 
recommended a deferred two-week suspension for each. 

Commissioner Hanson moved to amend her motion with regard to Mr. 
Tugendman, Ms. Lepre, and Mr. Russo to a two-week suspension for each, 
commencing February 1, 1986 ; the motion was seconded by Commissioner 
Metwally and unanimously approved. 

C. Renee Lepre - Certificate #2980. (Please see the above section VI (A) 
Michael Tugendman . The Committee, in the course of the hearing, exam- 
ined the Inspector's report and photograph taken December 19, 1985, 
and annotated map showing Ms. Lepre 's location between spaces "M 51" 
and "M 52".) 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - July 29, 1986 Minutes Page 5 



D. Joseph Russo - Certificate #2968. (Please see the above section VI (A) 
Michael Tugendman . The Committee, in the course of the hearing, exam- 
ined the Inspector's report and photograph taken December 19, 1985, 
and annotated map showing Mr. Russo ' s location between spaces "M 51" 
and "M 52.) 

VII REQUEST BY APPLICANT FOR PRIORITY IN SCREENING 

A. Carol Foster - applied June 10, 1986. Ms. Foster submitted a request, 
with her application, for a screening at the same time with her 
husband/family unit member Yanush Godlewski who had applied over a 
year earlier, February 28, I985. According to Ms. Foster's letter, 
she had not realized that when her husband had applied, he should 
have listed her name as well - they were both used to applications 
for art shows upon which only one name of an art group was sufficient. 
Mr. Lazar stated that since the start of 1986, the Program had cor- 
rected such misunderstandings by stating explicitly on the application: 
"List the names of all members who wish to be certified to sell." He 
showed the Committee Ms. Foster's June 10, 1986 application which 
bore the statement, and Mr. Godlewski ' s February 28, 1985 application 
which did not. Commissioner Metwally moved that Ms. Foster's request 
be approved; the motion was seconded by Commissioner Hanson and 
unanimously approved. 

VIII NEW BUSINESS 

Street Artist William Clark told the Committee that the Longshoremen's 
parking lot case will be heard in Superior Court, Dept. 5, on August 6th, 
at 9*30 a.m., and that Deputy City Attorney Judd was handling it. He 
stated also that he had heard that both the Board of Permit Appeals and 
the Longshoremen's Union were not going to appeal the decision, and that 
Planning' s Robert Passmore was ready to see that the zoning ordinance 
would be enforced. 

Commissioner Hanson asked Mr. Lazar to call Mr. Gilford and inform him 
of the hearing, so that the Mayor's office could be represented. Both 
Commissioner Hanson and Metwally stated that there should be a coordination 
between the Mayor's office and the Police Department to enforce the court's 
action. 



The meeting adjourned at k:15 p.m. 



Respectfully submitted: 
Howard Lazar 




A70.-7S 



5 Hyde Street 

uite 319 

an Francisco, CA 94102 

15 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 

September k, 1986 

Main Library - Civic Center 

Lurie Room 

Larkin and McAllister Streets 

San Francisco, California 

MINUTES 



3CUMENTSDEI 

IIP 191936 

N f-KAlsiUIUUU 
PUBLIC LIBRARV 



MYOR 

)ianne Feinstein 



ZOMMISSIONERS 

acqueline Nemerovski 
'resident 

Robert LaRocca 
Vice President 

Vernon Alley 
fimothy Duncan 
Stanley Eichelbaum 
|o Hanson 
William Paterson 
^na-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



Commissioners present: Hanson and Metwally. 

Commissioner Hanson, Chair, called the meeting to order at 10:30 a.m. 

I HEARINGS ON ALLEGED VIOLATIONS 

A. Gerard Pepper Cracas and Martin Butschek . Program Director Lazar 
was asked to explain the Program's charges against the two artists. 
Mr. Lazar stated the two charges: (l) exceeding the display size 
regulations of Ordinance h-1-83, Section 2405(c) (l), (3), and (k) - 
depth, height, length; and (2) conducting business in an improper 
manner (advertising misleading prices for items. He explained 
that the first charge had been substantially observed and noted 
by the Inspector; whereas the second charge was offered on behalf 
of a street artist witness who had submitted a detailed report to 
the Program and was prepared to testify before the Committee. 

Mr. Lazar submitted the Program's report and photographs taken 
by the Inspector on December 19 and 21, 1985; March 22, May 25, 
June 11, June 18, and July 17, 1986. He called the Committee's 
attention to the Inspector's signed statement: "After taking each 
of the following photographs, I told both Martin Butschek and 
Gerard Pepper Cracas that their display was oversized and in viola- 
tion, and I asked them to reduce the size to regulation. On each 
of these occasions they did so by removing the top sign and by 
pushing in the accordion-like sides." Mr. Lazar asked the Inspector, 
Mr. Brown, to testify to his statement and to explain how the 
artists, on the seven occasions, exceeded the size regulations. 

Mr. Brown stated that the two had the ability to reduce the display 
within five minutes, that it was the top sign which increased the 
height and the side panels which increased the width. In addition, 
the display of signs and artwork attached to the sides of their 
chair increased the depth of the display. The display with its 
side panels was basically a U-shape which was able to conform to 
the 3' x 4' size regulation; however, the side panels could, and 
did, open up and increase the length of the display from V to 
9 - 10'. The signs, he said, were clipped to the top of the display 
which could, and did, easily go up and down. He told the Committee 
that, in each of the seven instances, he took the photo, told the 
artists they were oversized, made them reduce the display (after 
waiting for them to finish with a customer) - only to find the display 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - September k, 1986 Minutes Page 2 



oversized the next time. 

Street artist Philip O'Neil (who had submitted his report to the Program 
on Cracas and Butschek's oversized display and improper conduct of business) 
testified that, prior to the Commission's hiring of the Inspector, Cracas 
and Butschek had received numerous warnings from the Police. He stated 
that their display was oversized in height, length, and depth, that their 
one-foot tall signs exceeded the display height requirement, and that their 
signs attached to their chair exceeded the depth requirement. He further 
stated that the back of the display opened like an accordion and increased 
its length. 

Chairman Hanson asked Mr. Cracas and Mr. Butschek to repond to the first 
charge. Mr. Cracas asked the Commissioners if they had received his 
and Butschek's request for a postponement; the Commissioners replied that 
they had, and that the request was denied. Mr. Cracas stated that the 
charges were complicated, and that he and Mr. Butschek had been given 
inadequate time to prepare their defense. He further stated that they 
took issue with the Committee's recently adopted policy of setting a time 
limit on testimony, that this could be based on bias and could limit their 
presentation of defense. He referred to the seven photos taken by the 
Inspector and proceeded to note, for each, a disparity or flaw in the 
Inspector's comments. He stated that the photo taken on December 19 showed 
that their display was in a street artist space, J-9, and not in the white 
zone which the Inspector had stated in his notes. He further stated that 
the camera angle did not show that there actually was a space between 
his display and Butschek. He added that he wished they had been told 
that the photograph would be used as a charge against - ' them. 

Mr. Cracas stated that the date was wrong for the next photo, and that it 
was the wrong person who had been cited. It was his display, before he 
and Butschek started exercising the family unit provision. He stated also 
that the Inspector could have taken the photo during the moratorium (August 
or September, 1985), not in December. At this point, Program Director 
Lazar asked Mr. Cracas if he acknowledged receiving the notice to all artists, 
handed out by the Inspector during the moratorium, that the Commission would 
be enforcing all of the regulations, including the size regulations. Mr. 
Cracas replied affirmatively. 

Mr. Cracas stated that now they have reduced their display to regulation - 
so much so that his and Butschek's elbows touch each other. He said that 
in each of the noted instances, it was not a flagrant ignoring of the rules. 
They had tried each time to work out a solution. Some of the oversized 
situations, he said, utilized the sign above as shield from the glare. He 
further stated that part of their error resulted from a lack of realization 
that the photos would be used as part of citations. After they received 
the citation, on July 22nd, they have stayed within the legal size. 

Inspector Brown told the Committee that they have stayed within regulation 
except for their chair whose signs and artwork still exceed the depth require- 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - September k, 1986 Minutes Page 3 



merit. 

Mr. Cracas stated that throughout the time they were being photographed, 
the artists around the corner on Leavenworth Street were all oversized, 
and the Inspector had to make them comply. 

At this point, Street Artist Joe Beckman stated to the Committee that he 
wanted to know why Cracas and Butschek had been set up oversized last 
Sunday night. He said they were in "old J-9" (now no longer a street 
artist space). He also stated that it was not true that every artist 
had been oversized; one had been, and he has complied since. 

Inspector Brown stated that the other portrait and cartoon artists who 

had been oversized were given warnings, and they corrected their displays. 

Also, he said, at the time he first spoke with Cracas and Butschek, he 

was not issuing written citations or notices - not until the Program Committee 

asked him to do so in March of 1986. 

Mr. Cracas raised an issue that the citation was only in Butschek' s name, 
that there was question as to whether he himself was cited. Mr. Brown 
clarified to the Committee that the citation notice was intended for both 
artists, that he had written Butschek' s name because it had been Butschek 
who had obtained the space for the day. Furthermore, Cracas was in the 
space working at the time the citation was issued. 

Commissioner Hanson stated that the reality of Cracas and Butschek 's 
situation did not fit the reality of the regulations; and that while 
the Commission should undertake to re-examine the adequacy or inadequacy 
of the regulations, it was clear that there was a history of the two 
artists violating continuously and knowingly. Furthermore, she stated, 
it would not be possible to allow one person or one family unit to 
continue to violate until the regulations are changed. 

Mr. Cracas asked the Committee to take into consideration their reasons 
and circumstances when the Committee considers a penalty for them. He 
asked for the Committee's tolerance and consideration. 

The Commissioners asked the Program Director for a recommendation of 
penalty. Mr. Lazar replied that he recommended a two-month suspension 
of certification. 

Commissioner Metwally stated that from the photographs it was clear that 
the artists were in violation. 

Commissioner Hanson moved that both Mr. Cracas and Mr. Butschek be found 
in violation for exceeding the display size regulations on July 22, 1986; 
the motibh was seconded by Commissioner Metwally and unanimously approved. 

Before hearing the second charge, Commissioner Hanson requested that two 
routine items be considered and acted on. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - September k, 1986 Minutes Page k 



II REQUEST BY APPLICANT FOR PRIORITY IN SCREENING 

A. Alice Blandy . Ms. Blandy had applied for certification on June 9, 
1983. The Program had sent her notification of a screening on 
November 22, 1985, but the notification was returned. Commissioner 
Hanson moved that Ms. Blandy' s request for priority in screening be 
approved; the motion was seconded by Commissioner Metwally and 
unanimously approved. 

III REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Sokai Yamada - Certifiate #3036 expired July 30, 1986. Commissioner 
Hanson moved that Mr. Yamada 's request for priority in issuance of 
a certificate be approved; the motion was seconded by Commissioner 
Metwally and unanimously approved. 

1(A) HEARING ON ALLEGED VIOLATIONS - GERARD PEPPER CRACAS AND MARTIN BUTSCHEK 
(continued) 

The Committee resumed its hearing of the second charge: conducting 
business in an improper manner. Mr. O'Neil described Cracas and Butschek's 
"methods" of selling their product in a "bait-and-switch manner." He 
stated that they do not clarify to their customers which of their products 
is sold for the advertised $1.87. He stated also that the product is 
a black and white cartoon sketch for Si. 87 and that they do not display 
a black and white sample. He stated that they use their price structure 
to mislead foreign tourists; they have ruined Mr. O'Neil 's business 
for the past five years; and that they are violating three laws of the 
State of California Department of Consumer Affairs. He referred the 
Committee to the laws contained in his report submitted to the Program 
on August 11th. 

Program Director Lazar read the three laws which appeared in an excerpt 
from the State's "A Consumer's Guide to Sales Tactics": Section 1770 - 
" 'California law prohibits advertising goods or services with the 
intent of not selling them as advertised. ' " Section 17500 - " 'An ad 
that is absolutely true but misleading is illegal. The test for whether 
an ad is misleading is what an average, reasonable person would assume 
to be true from reading the ad.' " Section 17507 - " 'If two models of 
the same type of item (such as two models of coffee makers) are both 
advertised and only one price is listed, the ad must clearly identify 
which model is being offered at the advertised price. ' " 

Mr. O'Neil stated that street artists have an obligation to tell 
people what their price is; if they do not, they abuse their privileges 
as a street artist. 

Street Artist Kirk Turner stated that much of the hearing was based 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - September *f, 1986 Minutes Page 5 



oii charges brought in by one of their competitors, and that a lot of 
time was being spent "putting them down rather than bringing up facts." 

Mr. Butschek submitted photographs of his and Cracas 1 competitors 
charging the same 81. 87 price for their sketches - in particular, 
Philip O'Neil and Keith Donube. 

Mr. O'Neil stated that the $1.87 was started by Cracas; the other artists 
had to adopt the same price in order to compete. 

Mr. Cracas and Mr. Butschek set up a VCR and monitor and showed the 
Committee a video presentation of their display, including the chair, 
the signs, and samples of their work. There were advertising signs 
that indicated "I.87 + tax, $1.00 more for color." 

At this point, the Committee had to adjourn the meeting due to the 
allotted time for use of the Library's Lurie Room. The Commissioners 
stated that the hearing, as well as the hearings on alleged violations 
by Douglas Lepre and Dennis Klein scheduled for September ^fth, would 
be continued to the next meeting of the Committee. 

Commissioner Hanson adjourned the meeting at 12:00 noon. 



Respectfully submitted: 
7/ / ^ 






Howard Lazar 




tfO.lS 
* l 
toizi/su 



45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 



/rirvT' Arc**w*^~ 



(££* UJjt Cfr^v- 



STREET ARTISTS PROGRAM COMMITTEE 






1986 



^ October 28, 1986 

Main Library, Civic Center - Lurie Room 

Larkin and McAllister Streets &BUO*UBa 

San Francisco, California 

-£ MINUTES 
Commissioner Hanson, Chair, called the meeting to order at 3:00 p.m. 



MAYOR 
Dianne Feinstein 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



Commissioners present: Hanson, Metwally. 

Commissioner Metwally moved that the following items be recommended 
for approval and placed on the Consent Calendar of the Arts Com- 
mission meeting: 

1. Recommendation (from Street Artists Liaison Committee) 
that Ord. 155-86 (granting priority to veterans for screen- 
ing of wares) be allowed to expire and not be re-authorized 
by the Board of Supervisors. 

2. Recommendation (from Street Artists Liaison Committee) 
that the Advisory Committee of Street Artists and Crafts- 
men Examiners be directed to increase visits to studios 
of applicants and to perform street monitoring duty at 
least one day per month. 

3. Requests by former certificate-holders for priority in 
issuance of certificate - Ira Campbell, Craig Lasha, 
Ahna Pietras, Stephanie Porter. 

k. Requests by applicants who have exceeded the 10-day 
period for purchasing certificate, for permission to 
obtain certificate - Diane Crawford, David Moore. 

5. Requests by applicants for priority in screening - Linda 
Jennings, Michael Tanner, Signe Spicer (Mrs. Spicer's 
name to be placed on her husband Kim's application, as a 
family unit, awaiting screening). 

The motion was seconded by Commissioner Hanson and unanimously approved. 
Commissioner Hanson stated that the request by former certificate-holder 
Virginia Travers, whose certificate expired three and a half years 
previously, would be heard at the next Committee meeting in November. 

The Committee proceeded to Item I of the agenda. 

I HEARINGS ON ALLEGED VIOLATIONS (continued from 9/V86 meeting) 

A. Gerard Pepper Cracas and Martin Butschek . Alleged violations: 
(1) Exceeding display size regulations of Ord. 41-83, Section 
2405(c)(1), (3) and (4) - depth, height, length; and (2) 
conducting business in an improper manner (advertising mis- 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - October 28, 1986 Minutes Page 2 



leading prices for items). Commissioner Hanson asked Program 
Director Lazar to summarize the events and Committee action of 
the previous meeting. Mr. Lazar stated that the Committee had 
heard from all sides of the first charge; that he, the Director, 
had recommended a two-month suspension for the first charge, for 
both artists; that the Committee had heard the complaint by artist 
Philip O'Neil regarding the second charge; and that Messrs. Cracas 
and Butschek had started to show a videotape to the Committee as 
their defense, when the meeting had to be adjourned. 

Mr. Cracas asked that Street Artist Dennis Klein present a proposal 
for an assessment of penalties (for violations of Section 2^-05 ) 
before the Committee recommends penalties for Cracas and Butschek 's 
case. Commissioner Hanson responded that an assessment of penalties 
is a separate subject which warranted a hearing for the following 
month; her Committee would continue to hear the case, as well as 
the others scheduled for the day, and would make findings as to 
whether violations had occurred, but the Committee would not set penalties 
until they standardized them after a full hearing scheduled for the fol- 
lowing month. 

Messrs. Cracas and Butschek set up their video equipment and played 
a videotaped rebuttal to Mr. 0' Neil's allegation. The video, nar- 
rated by Mr. Butschek, showed Mr. Cracas drawing his customers at 
his display. Attached to the sides of the subject's chair were 
panels of sample portrait-cartoons and a $1.87 price sign. There 
were four other price signs attached to the display which, as Mr. 
Butschek narrated, were visible at any time to the customer while 
the customer was being drawn. On the video, Mr. Cracas asked his 
customer if he wanted his drawing with a frame, which would be $3.00, 
and whether he wanted the portrait in color, which, with tax, would 
be S3. 00. The two artists directed the Commissioners' attention to 
a black-and-white sample drawing located at the bottom of the chair, 
a representative of the Si. 87 price. 

Mir. O'Neil asked the Commissioners to question what the premise was 
of the Si. 87 sign, other than having an effect of unfair business 
practice for the other artists. He stated that the $1.87 was a 
"bait price," and that Cracas and Butschek really intended to color 
every picture and charge $3*00. 

Through the Chair, Mr. Lazar asked Art Inspector Brown whether Cracas 
and Butschek' s display offered a black-and-white sample now, and 
whether it had been on the display at the times Brown photographed 
them, through the year, in violation. Mr. Brown answered that such 
a sample was on the display now, since the start of their hearings; 
but that he had not seen a black-and-white sample of theirs at any 
of the times he had photographed them. 

Commissioner Metwally said she felt the Si. 87 sign contained all 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - October 28, 1986 Minutes Page 3 



the necessary information, and that it was typical of the country 
in that it attracted customers. 

Commissioner Hanson stated that in order to make a finding of 
conducting business in an improper manner, the Committee would have 
to receive a clear preponderance of evidence. She added that the 
Cracas and Butschek type of advertising is used day in and day out 
in the media. 

Commissioner Metwally stated that if they did not have the black-and- 
white sample on their display, the Si. 87 price would be misleading. 
She stated that the Committee should suggest strongly that the two 
artists maintain such a sample at their display. Commissioner Hanson 
agreed that they should be strongly advised to continue displaying 
the Si. 87 sample, and added that the evidence of their alleged 
improper conduct of business was not sufficient. 

Commissioner Metwally moved that the second charge against Messrs. 
Cracas and Butschek, that of conducting business in an improper 
manner, be dismissed due to insufficient evidence, and that they 
be warned to continue maintaining a sample of their portraiture of 
their lowest price, * on their display; the motion was seconded by 
Commissioner Hanson and unanimously approved. 

Commissioner Hanson told the two artists that the penalty for the 
first charge against them would be considered at the Committee's 
hearing on standardizing penalties for violations of Section 2^05, 
scheduled for the following month. Mr. Lazar was asked to notify 
them. 

B. Douglas Lepre . Alleged violations: (l)Selling in a location not 

designated for street artists; and (2) exceeding display size - four- 
foot length requirement. Mr. Lazar stated that the Art Inspector had 
photographed Mr. Lepre selling in locations not designated for street 
artists on five separate occasions: December 21 ahd'22, 1985; March 
26, May 2, and June 26, 1986. On December 22nd Mr. Lepre 's display 
exceeded the four-foot length requirement by one and a half feet. 

Art Inspector Brown testified that on each of the five occasions 
he would get out of his car, walk over to Lepre, and tell him he 
was in violation. On each of the occasions, Lepre packed up and 
moved. 

Mr. Lepre told the Commissioners that it was all true, that he had 
committed the violations - with the exception of December 22nd when, 
he said, he was actually in a street artist space, "Stockton #3i" 
but was nevertheless oversized. He added that he had a family - 
four children - and his wife was divorcing him and asking for child 
support and alimony ... that was why, he said, he had taken chances. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - October 28, I986 Minutes Page k 



He said he would not continue violating, and that if he were not permit- 
ted to work, he would lose his children. He presented to the Commis- 
sioners letters from various Wharf merchants which, he said, stated 
he had never bothered them or been in the way of their stores. 

Commissioner Metwally moved that, based on the evidence shown, Mr. 
Lepre be found in violation of selling in locations not designated 
for street artists and of exceeding the display four-foot length 
requirement; the motion was seconded by Commissioner Hanson and 
unanimously approved. Commissioner Metwally told Mr. Lepre that the 
penalty for his violations would be assessed at the following month's 
standardization of penalties meeting. 

Dennis Klein . Alleged violations: (l) Selling in a location not desig- 
nated for street artists; and (2) exceeding display size - four- foot 
length requirement. Mr. Lazar showed the Committee photos taken by 
the Art Inspector, and the Inspector's maps, of seven occasions in 
which he had observed Mr. Klein selling in locations not designated 
for street artists: December 20 and 21, I985 (two illegal locations 
on December 21); February 12, April 6, April 12, and May 3» 1986. 
On December 21st, according to the Inspector, Mr. Klein's display 
exceeded the four-foot length requirement by an additional eight feet. 

Art Inspector Brown testified that on all of the occasions he informed 
Mr. Klein that he was in violation; on December 21st, Mr. Klein was 
set up in front of Leeds store when Brown asked him to move - later 
on, Brown found him across the street in front of Joseph Magnin's - 
another illegal space. 

Mr. Klein told the Commissioners that, on that occasion, he had told 
Mr. Brown that he was under non-profit status. (He submitted a 
mimeographed form of the Neightborhood Pals of Oakland, which, he told 
the Committee, he had assumed to be a valid form of a valid non-profit 
organization.) Mr. Klein said that Brown told him he was still a problem 
in that he was too close to the adjacent store's entrance; Klein told 
him that the twelve- foot-distance-from-door regulation for street 
artists was not in effect for non-profits. But he moved anyway ... 
At the time, he felt he was legal under existing law, selling as a 
non-profit. For the February charge, there was no citation issued 
to him; the Inspector merely took a photo of the display^without his 
presence. For April 6 and 12 and May 3i the Inspector's citations 
contain no photographic evidence. 

Mr. Brown told the Committee that with regard to the incidents of 
April 6, 12, and May 3rd, he did witness Mr. Klein set up in an 
illegal space. Commissioner Hanson stated that, from the Committee's 
point of view, Mr. Brown's testimony constituted evidence. 

Mr. Klein* said that once the Program obtained its video camera, better 
evidence could be furnished. But with regard to his alleged violations, 
the evidence was insufficient in that he could have been photographed 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - October 28, 1986 Minutes Page 5 



as merely packing up his display and putting it in his car. Also, 
a single snapshot shows he was in a spot but does not show a date. 

Commissioner Metwally asked him if he had committed any violation at 
any time. Mr. Klein said he did not want to answer the question and 
be a witness against himself. He added that he had had doubts about 
the Commission's enforcement process and had lost respect for his 
accusers. 

Mr. Lazar wanted it noted for the record that (a) the Arts Commis- 
sion, upon receiving the directive from the City Attorney to enforce 
the sidewalk/display size regulations, had allotted a 60-day moratorium 
during which the Inspector had handed a notice of such enforcement to 
all artists on the streets; and (b) the City Attorney had advised that, 
until a standardization of penalties for such violations was adopted, 
the Commission could take action on such cases, on a case-by-case 
basis. 

Commissioner Hanson asked Mr. Lazar if it were legally possible for 
a certified street artist to also sell as a representative of a non- 
profit group. Mr. Lazar said that it was possible. 

Inspector Brown told the Commissioners that Mr. Klein had not been 
part of the non-profit group whose paper he had displayed, that the 
Neightborbood Pals of Oakland's Marvin Jackmon was selling his 
group's papers illegally, and that he, Mr. Brown, had told Mr. Klein 
that. 

Mr*. Klein stated that he had accepted the non-profit paper from someone 
as being a legal document for him to operate. Commissioner Metwally 
responded that ignorance of the law was no defense. Mr. Brown stated 
that Klein was a licensed street artist and at the time in question 
was not operating under street artist rules. 

Commissioner Hanson stated that with respect to the occasions he was 
cited, when he did not have the non-profit paper (February 12, April 6, 
April 12, May 3) i there was evidence to show that he was operating 
as a street artist and was in violation. 

Commissioner Metwally moved that Mr. Klein be found in violation of 
selling in locations not designated for street artists; the motion 
was seconded by Commissioner Hanson and unanimously approved. Com- 
missioner Hanson told Mr. Klein that the penalty for his violations 
would be assessed at the following month's standardization of 
penalties meeting. 

Commissioner Hanson told all artists present that appeals of the 
Committee's recommendations could be made to the Arts Commission 
at its meeting of November 3i 1986, 3^00 p.m., Commission Room, Main 
Library. 



The meeting adjourned at *+:10 p.m. 



Respectfully submitted: 

. t . r #-. -V* /-J I #-* n *-* -V» 



Howard Lazar 




A70.-7S" 



STREET ARTISTS PROGRAM COMMITTEE 



November 18, 1986 

k^> Hyde Street, Conference Room (3rd floor) 

San Francisco, California 



DOCUMENTS DEPT. 

EC 10 1986 

. i-KANOISOO 
PUBLIC LIBRAPV 



45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 






MAYOR 
Dianne Feinstein 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



^ MINUTES 

Commissioners present: Hanson, Metwally, Warburg 

Commissioner Hanson, Chair, called the meeting to order at 3*10 p.m. 
and welcomed Commissioner Warburg to the Committee. 

Item V, "REQUESTS BY FORMER CERTIFICATE -HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE," was taken up. Commissioner Warburg moved 
that the requests by Darlene Pyeatt (former certificate #3131) and 
Barbara Althoff (former certificate #3108) be approved; the motion 
was seconded by Commissioner Hanson and unanimously approved. 

Item IV, "RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE," 
was taken up. Commissioner Metwally moved that the following recom- 
mendation from the Liaison Committee be approved: 

Recommendation that Section 2^f06(b) Lottery be deleted ( — ): 
"The Art Commission shall specify three days in each week 
for the holding of a lottery for selling areas which are 
designated by the Board of Supervisors" and replaced with 
(as underlined ) " The Art Commission shall specify a system 
for allocating selling areas which are designated by the 
Board of Supervisors. " 

The motion was seconded by Commissioner Warburg and unanimousLy approved. 
(Upon approval by the full Arts Commission, a request is to be trans- 
mitted to the Board of Supervisors for the above amendment to Section 
2*+06(b).) 

Commissioner Metwally moved that the following recommendation from 
the Liaison Committee be approved: 

Recommendation that the following provision be added to 
the Lottery Rules: " The last number for any morning 
lottery or mini-lottery may be given out only while the 
morning lottery is still in progress. " 

The motion was seconded by Commissioner Warburg and unanimously approved. 

Commissioner Warburg moved that the following recommendation from the 
Liaison Committee be approved: 

Recommendation that the Lottery's "helper's rule" be 
amended as underlined : "In a two- or three-day lottery 
period, if an artist is helper on a second day, the 
artists may enter the lottery on the first day and either 




Continued. 



STREET ARTISTS PROGRAM COMMITTEE - November 18, 1986 Minutes Page 2 



use that number on the first day or retain his/her helper 
position for the second day; but if the artist chooses to 
be helper, the artist forfeits the right to use that number 
for any other day of that period or for the helpership for 
the next period. This applies to both helpers and Lottery 
Committee members." 

The motion was seconded by Commissioner Hanson and unanimously approved. 

Item III, "HEARINGS ON ALLEGED VIOLATIONS," was taken, and Program Director 
Lazar informed the Committee of the following: 

A. Chris Egan and Kathy Egan - Mr. Egan had severe tonsillitis 
and could not be present for his hearing. 

B. Claudia Hart - Ms. Hart had, the day before her scheduled hearing, 
delivered to the Program information which asserted that she 

was not selling on the day she was allegedly observed to be selling; 
the Program Director requested time to investigate this to see if 
there were still grounds for proceeding with the case. 

C. Rose De Sena - Ms. De Sena's attorney, Susan Sheriff, had informed 
the Program that she would be unable to represent her client 

on this day due to all-day commitments in court. 

Commissioner Hanson stated that these cases would be put over to the next 
meeting. 

The Committee went to Item I, "HEARING ON STANDARDIZING PENALTIES FOR 
VIOLATIONS OF SECTION 2^05 (DISPLAY SIZE AND LOCATION REGULATIONS)". 
Mr. Lazar referred to the proposal-petition submitted at the last meeting 
by Street Artist Dennis Klein, and called the Committee's attention to the 
proposal's recommendations for collecting a $5^ fine or a certificate sus- 
pension of one week for the first offense, two weeks for the second offense, 
and three weeks for three or more offenses, in a twelve-month period; for 
the defendant to have an option of either accepting the fine or serving the 
suspension; for dismissal of any alleged violation that is not cited in 
writing at the time of the violation; and for dismissal of any alleged 
violation that is not depicted in a clear photo or witnessed by a person 
other than the Art Inspector. 

Commissioner Hanson stated that while the petition reflected the favoring 
of a combination fines-suspension penalty system, the Committee had to 
consider the possibility of paying fines as a matter of space rental - if 
an artist's take is more than the fine, the artist may continue to violate. 

Street Artist Robert Clark told the Committee that, to his knowledge, the 
Arts Commission as a civil agency was not empowered to levy fines, for fines 
are considered punishment and can only be meted out by a criminal enforce- 
ment agency. The concept of suspension or revocation, he said, was not 
considered a penalty process but a process to protect the integrity of the 
Program; suspension and revocation were the only enforcement steps that 
the Commission, a civil agency, had the power to do. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - November 18, 1986 Minutes Page 3 



Commissioner Hanson noted that the Public Library levied fines on persons 
who kept books overdue. 

Commissioner Metwally stated that the levying of fines could present a 
collection problem difficult to enforce. 

Street Artist Dennis Klein stated that his proposal allows the artist to 
choose accepting a fine or serving a suspension. 

Several artists stated that the collection of fines would take care of 
the necessity for raising the certificate fee or adding a hundred new 
certificateholders to the Program in order to make up the deficit in 
revenue. Program Director Lazar voiced opposition to this: the Program, 
he said, has always been self-supporting by its certification fees; he 
did not want to see the Program rely upon - and support - violations for 
any part of its income. 

Commissioner Hanson asked the artists whether they viewed violations of 
the street regulations as serious as violations of the work being sold. 
Mr. Clark responded that he viewed it as being just as serious - on several 
occasions the presence of another artist set up illegally and too close 
to Mr. Clark's display nearly put him out of business. 

Street Artist Larry Rosenbloom told the Committee that 65 people at the 
lottery were polled, and only one person favored the same penalties for 
craft violations to apply to space violations. He said that the spirit 
of the poll was that the Commission would not be doing anyone a favor 
for being severre. He said that 83% opposed suspensions longer than 
what the petition proposed, and kl% favored suspensions shorter than 
that proposed. 

Street Artist Martin Butschek stated that the Commission's priority 
should be enforcing the craft criteria, and that space violations by 
artists had been considtently thrown out of court. 

Commissioner Metwally stated that she agreed with the artists that the 
space violations were not as severe as craft violations. She said that 
it was essential to have an organized program with structure and guide- 
lines. The question was how to get prople to respect the guidelines - 
through fines? one-day or three-day suspensions? 

Art Inspector Brown told the Committee that the swiftness in handling 
cases should be considered, that the present time delay in taking up 
cases loses meaningfulness. A system of fines, he said, could move 
this along: more violation cases would be taken off the calendar and 
the Committee would have more time to work with creative aspects of 
the Program. 

Commissioner Metwally stated that the process could be speeded up if 

people were offered a choice to take an automatic suspension or come to 

a hearing. Such an option could be granted, for example, for first offenses. 

Continued. ...... 



STREET ARTISTS PROGRAM COMMITTEE - November 18, 1986 Minutes Page k 



Mr. Clark reminded the Committee of the proposal he had submitted last 
March, an amendment to the hearing procedure which would be analagous 
to State procedure: upon receiving a notice of violation, an artist 
would be given the option to submit a request for hearing or to waive 
his right to it; upon waiving his right, or not responding at all, the 
Commission would proceed to act on the charge and institute a penalty. 
Mr. Lazar confirmed that the proposal had been submitted to the City 
Attorney for clarification as to whether the Commission has the power 
to adopt such a provision and whether the provision itself would be 
appropriate for the Commission's hearing procedure. 

Commissioner Warburg asked Mr. Lazar to check on the matter with the 
City Attorney's office. Commissioner Hanson asked him to see if it 
would be possible to have clarification by the next meeting. In addition 
to receiving clarification, the Committee asked that the following 
provisions be submitted to the City Attorney for review: 

1) An option for the artist to either "pay" a penalty or request 
a hearing. 

2) An option for the penalty to be either a fine or a suspension. 

3) A less severe suspension if chosen by the artist upon notifica- 
tion than a suspension received from a hearing. 

k) A formal - that is, written - warning procedure (provision for 
issuance of one warning). 

5) A schedule of specific time allotments for (a) the artist to 
respond with his choice of automatic penalty or hearing; (b) 
the scheduling of the hearing; and (c) the actual time of 

commencement of suspension. 

Commissioner Metwally asked the Director to stress, in his letter to 
the City Attorney, that such a proposed procedure for handling the 
violations would ensure fair competition among the artists and would 
support the integrity of the Program. 

Inspector Brown suggested that for a first offense, an artist's certificate 
should be suspended for three consecutive weekends. This was endorsed by 
Mr. Clark. It was opposed by Mr. Rosenbloom who stated that he would 
rather request a hearing than receive an automatic three-weekends sus- 
pension. 

As the standardizing of penalties for violations of Section 2^-05 remained 
dependent upon the City Attorney's clarification, Commissioner Metwally 
moved that the Committee's recommendations of penalties for the previously 
heard cases of Gerard Pepper Cracas and Martin Butschek , Douglas Lepre , 
and Dennis Klein be postponed until City Attorney clarification is received 
and a standardization of penalties for violations of Section 2^05 is adopted; 
the motion was seconded by Commissioner Warburg and unanimously approved. ■ 

The Committee concurred that its regular meetings be held on the third 
Tuesday of each month, from 3: 30 - 5:00 p.m. The meeting adjourned at 
4:^5 p.m. 

Respectfully submitted: 




Sf^CuJb Crvv~~c. 

^ STREET ARTISTS PROGRAM COMMITTEE 

——————————— ——^——^— —— 

^5 January 20, 1987 

^ Main Library, Lurie Room 

Larkin and McAllister Streets 
San Francisco, California 



5 Hyde Street 

jite 319 

in Francisco, CA 94102 

15 558 3463 



MINUTES 



DOCUMENTS DEPT. 

JAN 2 8 1987 

SAN FRANCISCO 

PMRI IO I IRDADV 



IAYOR 

ianne Feinstein 



OMMISSIONERS 

icqueline Nemerovski 
resident 

obert LaRocca 
ice President 

ernon Alley 
imothy Duncan 
tanley Eichelbaum 
) Hanson 
/illiam Paterson 
nna-Marie B. Metwally 
eorge T. Rockrise 
l?ter Rodriguez 
oselyne C. Swig 
!lix M. Warburg 

(OFFICIO MEMBERS 

esidents of the 
<ne Arts Museum, 
Drary Commission, 
inning Commission, 
^creation and Park 
)mmission 



RECTOR 
!iire N. Isaacs 



Commissioners present: Hanson, Metwally, Warburg 

Commissioner Hanson, Chair, called the meeting to order at 3 : 30 p.m. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Virginia Travers - Certificate #2673 expired March 9, 1983; 
Ms. Travers 1 request for priority was received September 8, 
1986. Program Director Lazar summarized Ms. Travers' case: 
Ms. Travers was appealing to the Commission as a "hardship" 
case; she had been living in Spain with her husband at the 
time her certificate was due for renewal, he had refused to 
give her money for the renewal, she could not earn her own 
money due to the country's work restrictions, her efforts 
to return to the United States had been further hampered 
by the birth of her second child. It was only when her 
divorce had become finalized, that she had been able to 
split their business and receive her share to return to 
this country. Mr. Lazar read a letter of support for Ms. 
Travers from street artist Eunice Rodriguez. Mr. Lazar 
also clarified that while the Program's policy allows for 
the granting of priority to former certificate-holders who 
had been unable to renew due to medical reasons (such reasons 
corroborated in documents submitted to the Commission), the 
Commission did grant priority in 198l to a former certificate- 
holder who had been unable to renew and earn a living as a 
street artist because of her having to raise her children; the 
priority in this case was granted two years after the former 
certificate had expired. 

Ms. Travers submitted documents to the Committee: her residence 
card allowing her to work only in the business owned by her 
husband and herself; the October 17, 1982 birth certificate 
of her son (five months prior to the expiration of her certificate); 
and the renewal of her work permit designating her as (translated) 
a self-employed designer of jewelry. She told the Committee 
that she had spoken to Ana Forteza of the Spanish Consulate 
who, she said, could further substantiate Ms. Travers' infor- 
mation. She stated also that her career is a craftsperson, 
and that she felt it was important for her to sell her items 
directly to the public and not through a middle person; she 
stated that she did not want to live on welfare. 



Continued. 



STRELT ARTISTS PROGRAM COMMITTEE - January 20, 1987 Minutes Page 2 



Commissioner Hanson asked her why she had not written to the Program 
her intent to renew as well as her question on how she could renew. 
Ms. Travers answered that she had been "out of touqh and had not 
known that a former certificate-holder could request priority in 
issuance of a new certificate, that she had not known what her rights 
were, and had not been certain that she would have the money to return. 

Commissioner Metwally stated that she understood that there are 
countries in which a woman is a third or fourth class person, and that 
she understood how a woman could live under stress in such a country 
and receive no support. She felt that Ms. Travers' situation was 
clearly a hardship case. 

Commissioner Hanson said that she understood thr pressure that prohibits 
people from exploring their options. She questioned whether a program 
could take that into account and still remain a systemized program. 

Commissioner Metwally said she felt it was preferable to keep the 
category of "hardship" available but that it was necessary to estab- 
lish strict standards that would categorize the hardship cases. If the 
"hardship" category remained open, Ms. Travers' request could be granted. 

Commissioner Warburg stated that there appeared to be sufficient 
information to make findings so that a documentation of Ms. Travers' 
case could be used with respect to future cases, on a case-by-case 
basis. 

Commissioner Metwally moved that Ms. Travers' request for priority 
in issuance of certificate be approved; the motion was seconded by 
Commissioner Warburg and unanimously approved. 

B. Lorna Koppel - Certificate #2921 expired July 26, 1986; Ms. Koppel's 
request for priority was received October 27i 1986. Commissioner 
Warburg moved that Ms. Koppel's request for priority be approved; the 
motion was seconded by Commissioner Metwally and unanimously approved. 

C. Nancy Dong - Certificate #3109 expired November *+, 1986; Ms. Dong's 
request for priority was received January 6, 1987. Commissioner 
Warburg moved that Ms. Dong's request for priority be approved; the 
motion was seconded by Commissioner Metwally and unanimously approved. 

II HEARING ON STANDARDIZING PENALTIES FOR VIOLATIONS OF SECTION 2*4-05 (DISPLAY 
SIZE AND LOCATION REGULATIONS), ORD. kl-83 

Commissioner Hanson stated that while the City Attorney had been requested 
for a response to the Committee's questions on a standard penalty system, 
the Committee would proceed to recommend standard penalties within the 
Commission's present guidelines; then, upon hearing from the City Attorney, 
if changes in the penalties were necessary, changes would be made. The 
Commissioner read the Program Director's recommendations for penalties 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - January 20, 1987 Minutes Page 3 



ranging from suspension of certificate for two consecutive weekends 
and their intervening days, for a first violation, to suspension of 
certificate for six consecutive weekends and their intervening days 
plus consideration of revocation, for a fifth violation. 

Street artist William Clark voiced his support for the first recommenda- 
tion and his opposition to the subsequent recommendations for their 
being too lenient. He stated that if an artist were caught in viola- 
tion a third time, his certificate should be revoked. The allowance 
of five times to violate would encourage more violations and would 
increase the work load of the Committee. 

Street artist Robert Clark stated that it was his understanding that 
the Commission had been following standard penalties for Section 2^+05 
all along, that they were the same as for the violations ,of wares - 
two months' suspension for a first violation and revocation for a 
second violation - except that for the Section 2^05 violations, the 
Commission would consider mitigating the penalties on a case-by-case 
basis. He referred to lengthy meetings of the Program Committee 
conducted by former Chairman Taliaferro a year and a half previously. 

Program Director Lazar stated that he would research the matter and 
inform the Committee of whether such standard penalties, as Mr. Clark 
stated, had been approved. Commissioner Hanson said that nevertheless 
if her Committee adopted a set of standard penalties now, the former 
penalties (if they had been adopted) would have to be rescinded. 

Street artist Virginia Burris opposed the Program Director's recommenda- 
tions for being too lenient, and stated that the stringent penalty 
system of two months' suspension and revocation for second violation 
has worked well. She added that if an artist were to receive a 
warning for the first time in violation, he should not receive a two 
week suspension for the second time but should receive a two months 
suspension. 

Street artist Dennis Klein stated, on behalf of the recently formed 
Street Artists Guild, support of the Program Director's recommendations. 
Mr. Klein referred to a petition that had been submitted to the Program 
Committee last October, signed by 58 artists, and stating "we understand 
that at the present time there are no set penalties for this particular 
violation" (selling in undesignated areas - Section 2^05) "and that the 
Arts Commission is considering each violation on a case by case basis." 
The petition had recommended either a %^>k fine or suspension of one 
week for a first violation, two weeks for a second, three weeks for 
a third or more within a year. Mr. Klein told the Committee that 
street artist Larry Rosenbloom had raised the issue of penalties 
at the August, I985 Program Committee meeting and that the meeting 
had ended with the understanding that there would be no set penalties 
and that the Art Inspector would enforce Section 2^05 more leniently 
than the Police would. Mr. Klein further stated that, according to 
a recent survey of artists, two-thirds favored a system of fines 
as penalties, and only one artist had expressed preference for a 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 20, 198? Minutes Page k 



two months suspension. Mr. Klein felt that the penalty for a first 
violation should be in keeping with the Police Department's %^k fine. 

Street artist William Clark said that Mr. Klein's survey was a 
self-serving document in that many of the people surveyed are violators. 

Commissioner Metwally proposed that the Inspector's present procedure 
of issuing a written warning for first violation of craft and issuing 
a notice of violation for second violation be applied to the Inspector's 
enforcement of the Section 2kQF>. 

Inspector Brown asked for clarification as to the length of time he 
should allow an artist, after receiving written warning, to cease 
violating Section 2^05. If an artist is not in a designated space, 
how long should he be given to remove his display? Commissioner 
Metwally asked Inspector Brown if half an hour was practical. 
Mr. Brown agreed that it was. (The Committee expressed its agreement 
that a half hour should be applied to such cases.) Commissioner 
Metwally expressed the view that if an artist were to receive a 
written warning for having his display oversized, and if the display 
could not be corrected immediately, then he would receive a notice 
of violation if he re-appeared with an oversized display on the 
following day or thereafter. 

Street artist Dennis Klein reiterated his support of the Program 
Director's recommendations as being in keeping with the Police fines 
for the same violations. Street artist Virginia Burris proposed 
a three-week suspension for a first violation and four weeks for 
a second. Street artist Robert Clark stated there should not be 
a time limit, or time period for violations - instead of "within 
a twelve-month period" there should be no time period at all. 

Commissioner Metwally moved that the following penalties be adopted 
for violations of Section 2^+05, Ordinance ^1-83 *• For the same offense, 
a three-week suspension of certificate for the first violation, six- 
week suspension for the second violation, and consideration of 
revocation for the third violation; the motion was seconded by Com- 
missioner Warburg and unanimously approved. 

Street artist David Sheppard told the Committee that the six-week 
suspension was too severe and supercedes all previous penalty 
decisions. 

Ill REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Patricia A. Flynn - applied August lk % 1986 (veteran's priority); 
did not receive notice of her screening which was mailed September 
15th; Ms. Flynn 's request was received January 2, 198?. Com- 
missioner Metwally moved that Ms. Flynn' s request be approved; 
the motion was seconded by Commissioner Warburg and unanimously 
approved. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - January 20, 1987 Minutes Page 5 

IV HEARING ON GOALS FOR THE STREET ARTISTS PROGRAM; RECOMMENDATIONS 

FROM STREET ARTISTS LIAISON COMMITTEE 

Commissioner Metwally read the Liaison Committee's statement of 
goals, as discussed in a November 19, 1986 meeting: (l) To 
explore ways to improve the current ratio of actively selling 
street artists to the number of sales spaces; (2) To update 
the Program's handbook to include new lottery rules, and to 
distribute the book in order to familiarize the artists with the 
new rules; and (3) To initiate, on a trial basis, new lottery 
systems or other plans for the distribution of spaces. 

No action was taken at this time; the matter was put over to a 
later meeting. 

V NEW BUSINESS 

A. Dismissal of alleged violation cases (Christmas, 1985). The 

Committee referred to a memo from the Program Director regarding 
recent clarification from the City Attorney's office on reasons 
for possible dismissal of cases that are backlogged for hearing. 
The Program Director was told that, in court cases, the more 
time that goes by before reaching hearing, the more prejudicial 
a case may become, as witnesses tend to disappear and evidence 
may become stale. The Arts Commission, if it saw fit, could 
dismiss certain cases for failure to prosecute in a timely manner. 

The Committee noted that there were three cases of alleged 
violation (selling in non-designated spaces) from Christmas, 1985, 
that had not been heard due to the backlog of cases. 

Commissioner Metwally moved that the following alleged violation 
cases be dismissed due to failure to prosecute in a timely 
manner - Chris and Kathy Egan, Claudia Hart, Rose DeSena; the 
motion was seconded by Commissioner Warburg and unanimously 
approved. 



The meeting adjourned at 5*20 p.m. 



Respectfully submitted: 
Howard Lazar *y 







STREET ARTISTS PROGRAM COMMITTEE 



SPECIAL MEETING: HEARINGS ON ALLEGED VIOLATIONS 



45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 



February 11, I987 
Public Health Building 
Room 204 (Conference Room) 
101 Grove Street 
San Francisco, California 

MINUTES 



DOCUMENTS DEPT. 

MAR 13 1987 

SAN FRANCISCO 
PUBLIC LIBRARV 



MAYOR 
Dianne Feinstein 






COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



Commissioners present: Hanson, Warburg ' > 

Commissioner Hanson, Chair, called the meeting to order at 3 : ^5 p.m. 

I HEARINGS ON PENALTIES FOR VIOLATIONS OF SECTION 2^05 (continued 
from October 28, 1986 meeting) 

A. Gerard Pepper Cracas and Martin Butschek . Program Director Lazar 
summarized the events of the case and the Committee's findings: 
(l) The two certificate-holders were charged with violations 
of' exceeding all three size regulations (length, depth, height) 
on seven separate occasions (from December, I985 , through July, 
1986) ; (2) prior to their receiving a written citation from the 
Art Inspector on July 22, 1986, they had been warned by the 
Inspector, photographed, and requested to reduce their display 
on each of the seven occasions- the Inspector had told them on 
each occasion that they were in violation, he had watched them 
reduce their display size, only to find it again in violation 
the next time he would observe them; (3) at his previous hearing, 
Mr. Cracas had admitted that he had received from the Inspector, 
in the summer of 1985, the Arts Commission's notice to all street 
artists that the Commission would, upon the advice of the City 
Attorney, commence enforcing all the regulations, including those 
pertaining to size and location of display; (^) at the hearing last 
September, the Program Committee had requested and received the 
Program Director's recommendation for penalty: a two-month 
suspension of certificates for Mr. Cracas and Mr. Butschek. Mr. 
Lazar stated that he still felt the recommended penalty was in 
order. 



Mr. Cracas told the Commissioners that he and Mr. Butschek had not 
intentionally wished to violate any of the rules, that they had 
been under the impression if they were doing something wrong 
they would be handed something in writing; they had received 
nothing in writing until July 22nd. Furthermore, he stated that 
having an oversized display was one of the least serious viola- 
tions in the Program. 

Mr. Butschek told the Commissioners that there had been other 
artists at the time who had been oversized in display, but that 
the Inspector never cited them. Some of them have never conformed 




Continued. 



STREE T ARTISTS PR0GI1 ,, COMMITTEE - February 11, 198? Minutes Page 2 



to the size regulations. Furthermore, he and Mr. Cracas had had no 
intention to violate; they had simply been working on the display to 
adapt it to the regulations at the times the Inspector had shown up. 

Inspector Brown stated that on each of the occasions he had specifically 
told them how they were in violation, had watched them reduce the size 
of their display, and had left them - only to find them, upon his 
return, again in violation. 

Commissioner Hanson stated that she was sympathetic to the artists' 
space problems but was, nevertheless, obliged to support the Program 
and its regulations. She proposed a compromise between the Director's 
recommendation of two months' suspension and the recently-adopted 
standard penalty of three-week suspension for a first violation of 
Section 2^+05: she proposed a one-month suspension. 

Commissioner Warburg moved that the certificates of Gerard Pepper 

Cracas and Martin Butschek be suspended for a period of one month; 

the motion was seconded by Commissioner Hanson and unanimously approved. 

B. Douglas Lepre. The Program Director summarized the events of the 

case and the Committee's findings: (l) Mr. Lepre was charged with two 
types of violations - (a) selling in locations not designated for street 
artists, on five separate occasions from December, 1985 through June, 
1986; and (b) exceeding the display length requirement on one of the 
occasions; (2) the Art Inspector had testified that on each of the 
occasions he had explained to Mr. Lepre how he was in violation, and 
Mr. Lepre had packed up his display and left the site; (3) at his 
previous hearing, Mr. Lepre had admitted that the stated events were 
true, except for the noted violation of December 22, 1985 when, he 
said, he had actually been in a street artist space; at the hearing, 
he had stated that he had sold in illegal locations in order to 
support his wife an four children, that his wife was divorcing him 
and asking for alimony and child support; (4) the Program Committee 
and the full Commission had found him in violation for having sold 
in locations not designated for street artists and for having exceeded 
the display length requirement. The Program Director told the Com- 
missioners that he recommended that Mr. Lepre ' s certificate be sus- 
pended for three weeks. 

Mr. -^epre told the Commissioners that some of the violations were 
committed over a year and a half ago, and that since the last violation, 
he has not broken any of the rules. He stated that a three-week sus- 
pension would be too harsh. He asked that the penalty be deferred 
until his wife would be able to go to work which would be by the end 
of the year (at present, he said, she was dividing her time between 
taking a medical course and raising their children) . 

Commissioner Hanson moved that the certificate of Douglas Lepre be 
suspended for a period of three weeks commencing February 1, 1988, 
with the condition that if Mr. Lepre is found in violation a second time 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - February 11, 1987 Minutes Page 3 



for either selling in a location not designated for street artists 
or for exceeding the display length regulation, at any time prior 
to February 1, 1988, the violation shall be considered as a second 
violation and his certificate shall be suspended accordingly commencing 
two weeks after the Arts Commission's decision; the motion was seconded 
by Commissioner Warburg and unanimously approved. 

C. Dennis Klein . The Program Director summarized the events of the case 
and the Committee's findings: (l) Mr. Klein was charged with selling 
in locations not designated for street artists on six separate occasions, 
from December, 1985i through May, 1986; (2) the Art Inspector had 
testified that on each of the occasions he had informed Mr. Klein of 
the nature of the violation; (3) Mr. Klein had testified that for 
the charge relating to December 21, 1985, he had not been operating 
as a street artist but as a non-profit charitable solicitor, for the 
February charge he had received no written notice of violation, and 
for the April and May charges, there were no photos of the alleged 
violations - neverthelss, the Program Committee had held that the 
Inspector's testimony was considered as evidence; (k) the Program 
Committee and the full Commission had found Mr. Klein in violation for 
selling in locations not designated for street artists. The Program 
Director told the Committee that he recommneded a one-month suspension 
of Mr. Klein's certificate. 

Mr. Klein told the Committee that the Arts Commission had demonstrated 
selective eforcement by dismissing three cases of violations that had 
occurred during Christmas, I985. He stated that he had been in the 
Program since 1975 1 that at the height of the Program in 1977 the artists 
had more spaces than they had now, and there were fewer artists in any 
given lottery - the chances had been better in obtaining a space. The 
artists' attempts in the summer of 1986 to get more spaces were vetoed 
by the Mayor. There were also no stated penalties for violations of 
Section 2^+05. He said that Roberts Rules of Order state that any 
member of society must be formally notified of having committed a 
violation; in three of the instances for which Mr. Klein was cited 
he had not received formal notification. The other three instances, 
he said, lacked evidence other than the Inspector's testimony. He 
said he felt that a fair penalty should be in keeping with that of 
a parking ticket, or the Police's imposition of a %^k fine for the 
same offense. 

Commissioner Hanson stated that while the space conditions often made 
it difficult for artists to operate, Mr. Klein nevertheless was required 
to operate under the existing regulations of the Program. To allow 
him to do otherwise would weaken the Program. Commissioner Hanson 
moved that the certificate of Dennis Klein be suspended for a period 
of three weeks; the motion was seconded by Commissioner Warburg and 
unanimously approved. 



Continued. 






STj j AM .TS PROGRAM COMMITTEE - February 11, 1987 Minutes Page k 



II HEARINGS ON ALLEGED VIOLATIONS 

A. Fernando Hechavarria. The Program Director stated the charges for 
Mr. Hechavarria' s alleged violations and their dates: (l) On January 
16, 1987 - (a) displaying items not of the artist's own creation and 
not in accord with criteria; and (b) improper conduct of business 
(indecent exposure in public); (2) On January 17, 1987 - (a) attempt 
of assault on a street artist. For charge (l)(a), the Director submitted 
a photo of the work on Mr. Hechavarria' s display on January 16, 1987 
and photographs of the work on his display on July 27, August 16, and 
August 30, 1986. For charge (l)(b), the Director referred the Com- 
mittee to a January 21, 1987 lettter written by Marlin Willis and 
Sandra Bass. For charge (2) (a), the Director referred the Committee 
to the Art Inspector's incident report submitted January 22, 1987 and 
a January 22, 1987 letter written by John Bass. 

Art Inspector Brown stated that every time he would warn Mr. Hechavarria 
to refrain from selling items not of his own creation, there would 
be heated demonstrations from Mr. Hechavarria. Mr. Brown referred to 
an instance in August of 1986 when Mr. Hechavarria had tried to hit 
him with his chair, and street artist Sherrie Tatum had had to restrain 
him. Mr. Brown further stated that he had witnessed Mr. Hechavarria 
have seizures on two occasions. In order to avoid his seizures and 
his temper, Mr. Brown said he has avoided him. He said he was 
concerned about his health. 

In' attendance were the persons who had written the two letters: Merlin 
Willis, Sandra Bass, John Bass. Mr. Bass told the Committee that he 
wanted to clarify that in the attempted assault incident, Mr. Hechavarria 
seemed to be attempting assault on the Inspector as well as on Bass. 

According to interpreter Rosa Mariscal, Mr. Hechavarria claimed he 
was not responsible for what had happened, that he did not, according 
to the report, pull down his pants and expose himself to Mr. Willis 
and Mrs. Bass. Street artist Betty Bundschu testified that she had 
been set up next to Mr. Hechavarria, that he had been upset with 
Mr. Willis for having handled his jewelry while he (Hechavarria) was 
away from his display, and that he did not take his pants down or 
expose himself to anyone or make gestures to anyone. She further 
stated that she had observed that his pants were unzipped and that 
she had told him so and he had zipped them. 

Mr. Hechavarria's attorney, Ms. Kate Dixon, told the Committee that 
she would show that her client had had a grand mal seizure from 
beginning to end (with regard to charge of attempted assault). 

Program Director Lazar referred the Commissioners to an excerpt from 
a February 1, I983 letter by Deputy City Attorney Judith Boyajian which 
affirmed the Arts Commission's jurisdiction to suspend or revoke a 
street artist certificate of an artist who has assaulted the Art 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - February 11, I987 Minutes Page 5 



another street artist, or a customer: "In addition, the Commission 
is specifically empowered to suspend or revoke ... when, after public 
hearing, it appears that the street artist is conducting his or her 
business in a 'disorderly, improper or hazardous manner.' " 

According to the interpreter, Mr. Hechavarria stated that he did not 
remember if he threw the chain at the Inspector. The interpeter 
told the Committee that she asked him if he had been upset, and he 
had replied that he could not remember anything. The interpreter 
stated that he said "whenever he gets pushed around by other people, 
he doesn't know what will happen to him." 

Mr. Bass told the Committee that he had submitted his written complaint 
because Mr. Hechavarria had tried to hit him with a lethal weapon. 
If this charge was not going to be considered by the Committee, he 
said, he would file with the Police. 

Street artist Sally Rowley told the Commissioners that she knew Mr. 
Hechavarria for over three years, and that she has never seen him 
behave as anything more than a perfect gentleman. She stated that 
he has a medical problem, that he is under medication, and that the 
Committee should regard this as an isolated instance. She said she 
has seen him have seizures in the past without anything preceding 
the seizure. She also advised the Committee to consider "other 
personalities in this problem." 

Ms. Dixon asked the Commissioners if a doctor, for example, of UC 
could be appointed to see if Mr. Hechavarria was fit to continue as 
a street artist. 

Commissioner Warburg stated that he felt a medical opinion was necessary 
before his Committee could continue with the case. He also asked that 
the City Attorney be consulted as to the Commission's procedure in 
this matter - should the Commission continue in this line, or not 
continue? He asked that a member of the City Attorney's office be 
present at the next meeting on this case. 

Commissioner Hanson stated that Mr. Hechavarria should provide the 
Committee, by the time of its next meeting on March 17th, with a 
comprehensive report as to whether he is in a regular treatment program, 
and how his disability relates to, or affects, his being on the streets. 

Commissioner Hanson moved that the hearings on alleged violations of 
Fernando Hechavarria and James Toolate be continued to the Program 
Committee's meeting of March 17th; the motion was seconded by Commis- 
sioner Warburg and unanimously approved. 



The meeting adjourned at 5-00 p.m. 



Respectfully submitted: 



Howard Lazar 




St 

Anas 



5 Hyde Street 

uite 319 

an Francisco, CA 94102 

15 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 

REGULAR MEETING 

February 17, 1987 

Main Library-Civic Center 

Lurie Room 

Larkin and McAllister Streets 

San Francisco, California 

MINUTES 






DOCUMENTS DEPT. 

MAR 13 1987 

San i-KMiMvis»oo 

PUBLIC LIBRARY 



MYOR 

)ianne Feinstein 



Commissioners present: Hanson, Metwally, Warburg 

Commissioner Hanson, Chair, called the meeting to order at 3^56 p.m. 



lOMMISSIONERS 

acqueline Nemerovski 
'resident 

tobert LaRocca 
/ice President 

/ernon Alley 
'imothy Duncan 
itanley Eichelbaum 
o Hanson 
Villiam Paterson 
knna-Marie B. Metwally 
]eorge T. Rockrise 
'eter Rodriguez 
loselyne C. Swig 
elix M. Warburg 

X OFFICIO MEMBERS 

residents of the 
ine Arts Museum, 
ibrary Commission, 
lanning Commission, 
ecreation and Park 
ommission 



IRECTOR 
laire N. Isaacs 



I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Denis Cassity - Certificate #2726 expired November 3i 1985; 
Mr. Cassity 's letter-request (with medical documentation) was 
received by the Program on January 30, 1987. The Commissioners 
reviewed his letter and medical documentation which detailed 
drug abuse and nervous breakdown and hospitalization at the 
time of his certificate's expiration and for the next year. 
Commissioner Metwally moved that Mr. Cassity' s request for 
priority be approved; the motion was seconded by Commissioner 
Warburg and unanimously approved. 

II STREET ARTIST LOGO/CERTIFICATE DISPLAY HOLDER AND T-SHIRT (SUB- 

MISSION BY S. F. STREET ARTISTS GUILD) 

Commissioner Hanson stated that historically there had been dis- 
cussion by the Committee, the street artists, and the Wharf 
merchants regarding the presentation of an "image" of the Street 
Artists Program in order to make the artists easily identifiable 
on the streets. 

Street artist Dennis Klein, of the Street Artists Guild, showed 
the Commissioners a design layout of the Commission's logo to 
be used as part of a certificate holder and a business card for 
the artists - these items to be sold to the artists to cover 
the costs involved. The holder, he said, would be laminated and 
attached to the artist's display. This idea came about as a 
request from Mr. Alessandro Baccari of the Fisherman's Wharf 
Merchants Association months ago, in order to distinguish the 
artists from the charitable solicitors, peddler's licenseholders, 
etc. Mr. Klein said he envisioned the logo items at the Wharf 
and downtown by summer. He also said there were plans for the 
logo to be placed on a T-shirt which would also read "San Fran- 
cisco Street Artist" - a few of these, he said, have already 
been made and sold to some artists. He said there was a 



Continued. 



STKELi AKTISTS PROGRAM COMMITTEE - February 17, 1987 Minutes Page 2 



possibility that the Guild would register itself under the non-profit 
law and would thereby be able to sell these items to the public. 

Commissioner Metwally asked what would happen if some of the non-profit 
people bought these items and then passed themselves off to the public 
as street artists. The Committee considered this possibility. 

Commissioner Warburg stated that he approved of the idea and asked Mr. 
Klein how he would obtain approval by all the artists on the typography 
and layout. He asked whether it would be only the Guild who would be 
approving it and producing the items. Mr. Klein answered that the Guild 
uses a bulletin board to display various layouts and designs, that a 
consensus was taken, and that the typography and design presently before 
the Committee were the results of the consensus. 

Commissioner Warburg said he felt the lettering "S. F. Street Artist" 
required re-studying; he did not feel that the "F" read well, and that 
perhaps "S. F." was not needed at all, as "Street Artist" appeared 
directly under the seal of the City and County. 

Commissioner Hanson said she felt "St." should be spelled out ("street") 
and that the word "authorized" should be used, as "authorized street 
artist." 

Commissioner Metwally disagreed with use of the word "authorize" as being 
unnecessary, as, she said, the logo is and of itself authorization. 

Street Art Inspector Brown suggested the words "licensed by the City and 
County of San Francisco." 

Commissioner Warburg moved that the Commission approve the concept of 
the Guild's proposal for a street artist logo on various items and that 
details of its design may be submitted by the artists, subject to 
further approval by the Program Committee; the motion was seconded by 
Commissioner Metwally and unanimously approved. 

III HEARING ON ALLEGED VIOLATION 

A. Amy Dong . Program Director Lazar reported that he had heard Mrs. 
Dong was out of the country and that her notification to appear may 
not have allowed her sufficient time to respond. He requested that 
her hearing be put over to the following month. The Commissioners 
consented to this. 

IV REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Janet Tassano (applied March 29, 198*0 . Commissioner Metwally moved 
that Ms. Tassano' s request for postponement of screening until January, 
1988, be approved; the motion was seconded by Commissioner Warburg and 
unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - February 17, 1987 Minutes Page 3 



B. Mary Sue Allen (applied March 15, 1984). Commissioner Metwally moved 
Ms. Allen's request for postponement of screening until July, 1987, be 
approved; the motion was seconded by Commissioner Warburg and unanimously 
approved. 

C. Michael Tanner (applied August 30, 1982). Commissioner Metwally moved 
that Mr. Tanner's request for postponement of screening until January, 
1988, be approved; the motion was seconded by Commissioner Warburg and 
unanimously approved. 

V HEARING ON GOALS FOR STREET ARTISTS PROGRAM; RECOMMENDATIONS FROM STREET 
ARTISTS LIAISON COMMITTEE 

Commissioner Metwally stated that the Arts Commission had asked that each 
of its Program Committees prioritize its goals and to propose those goals 
that can be achieved by the end of the current fiscal year. 

Program Director Lazar stated that he felt that it was possible for the 
Program to realize all three of the Liaison Committee's goals by the 
end of the fiscal year: (l) To explore ways to improve the current 
ratio of actively selling street artists to the number of sales spaces; 
(2) To update the Street Artists Program's handbook; and (3) To initiate 
on a trial basis new lottery systems for the distribution of spaces. Mr. 
Lazar said that the Liaison Committee was currently in the process of 
working out new lottery proposals which could go into effect within the 
next month and a half, subject to the Board of Supervisors approving 
an amendment to the "lottery" section of the law. 

Mr. Dennis Klein, member of the Liaison Committee, stated that he had 
helped the Committee's Chair, Linda Stark, draft the goals, and that 
relative to the first goal, it was possible to take the data from any 
given lottery, divide the number of artists by the number of spaces 
in order to find the ratio and to calculate an individual's odds in 
obtaining a space. He said they were trying to find ways to better 
the odds for an artist, and that either more spaces should be added 
or the number of artists should be decreased. 

Street artist William Clark stated that the best solution would be to 
look for new spaces in areas that would lend themselves to being open 
for spaces. Several months previously, he stated, Wharf representatives 
Al Baccari and Chris Martin had told him that they would be willing to 
Wharf endorsement to more spaces in other areas, as, for example, Clement 
Street. 

Commissioner Metwally noted that the situation was similar to the bar 
exam: lawyers receive the right to practice law, which is not the 
same as actually practicing law. The question she saw was whether 
the "test" should be tougher. 

Mr. Clark said he felt it was an injustice to allow ten to fifteen 
applicants for permits to be screened in fifteen minutes; each applicant 
rhould have a fifteen-minute screening. If there is doubt, the screen- 



Continued. 



-iS'.i.o FKUUitAl'i UUMFinTHJiU - February ly, 19«y Minutes Page 4- 



ing committee should go to the applicant's workshop. While he said he 
was not trying to slow down the process, the fifteen-minute screening 
and studio visit would achieve a more credible screening procedure and 
would allow for only sixteen people who could physically he screened 
per month (as the screening committee was allotted, by law, thirty 
meetings a year). Eventually, he said, the Commission would reach a 
balance of those entering the Program and those leaving it. 

Street Art Inspector Brown stated that at present in most instances 
the screening committee spends fifteen minutes or more with each ap- 
plicant. 

Street artist Robert Clark told the Commissioners that new lottery 
systems will be tried to allow a better distribution of spaces for 
all artists, and that in the next two months, he hoped to work with 
the Liaison Committee to try to eliminate "luck out of our livelihood." 
He said that he and his brother have proposed a system that totally 
eliminates luck. William Clark stated that, instead of having a daily 
lottery, everyone who wants to sell for the next month would have to 
notify the Arts Commission. The artists' would then have punch-cards 
(the holes denoting the number of days they have sold); the person with 
the fewest punched holes would have first choice of the spaces. ... 
He added that there are fifty-five prime spaces, out of which twenty 
are "the cream of the crop." The new proposal would encourage people 
to stay away for a day or two in order to increase their odds of getting 
a prime space. 

Commissioner Metwally asked how often the people who regularly work 
in the Program obtain spaces to work. William Clark replied that 
there were fifteen to twenty people who regularly work during the week, 
and that for the months of June through September the people work seven 
days a week. Portrait artists, he said, are able to work and sell every 
day, due to the nature of their craft; while potters and jewelers have 
to spend time away from the streets in order to produce their work. 
His proposal, he said, would take away some of the odds of those persons 
who sell all the time. His system would eliminate the current lottery 
practice of giving away choice spaces to twelve lottery workers each day. 

Commissioner Hanson stated what she felt were prime goals for the Program: 
(l) Exploring ways to improve the ratio of < rtists to spaces; (2) Updating 
the Program handbook; (3) Reviewing the street artist ordinance for pos- 
sible amendments, in order to implement the ordinance more efficiently; 
(*0 Defining the image of the Program; (5) Applying more emphasis on 
discussion of the Program (not as much time, as present, on violation 
cases); (6) Giving more attention to the screening procedure and upgrading 
the Program. 

With regard to the Commissioner's fifth goal, street artist William Clark 
said that the Commissioners should not have to spend time in hearings of 
requests by former certificate-holders for priority in issuance of new 
certificates; the former certificate-holders should be re-issued their 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - February 17, 198? Minutes Page 5 



certificates so long as they intend to sell what they had been certified 
to sell. These cases, therefore, would not take up the time of the Program 
Committee, nor the time of the screening committee. In addition, he said, 
his proposal to streamline to hearing procedure on violation cases - persons 
of certain violations being able to waive their hearings and accept an 
automatic penalty - would result in the elimination of fifty percent of the 
Committee's time spent on violation cases. (The Commissioners were waiting 
for the City Attorney's opinion on this, and other, proposals.) 

Commissioner Hanson moved that the following goals, in order of priority, 
be submitted to the Commission: 

1) To explore ways to improve the current ratio of actively selling 
street artists to the number of sales spaces. 

2) To initiate, on a trial basis, new lottery systems for the 
distribution of spaces. 

3) To define the image of the Program; give more attention to the 
procedure of screening applicants for certificates. 

4) To focus on the Program itself. 

5) To update the Street Artists Program handbook. 

6) To review the street artist ordinance for possible amendments, 
in order to implement the ordinance more efficiently. 

The motion was seconded by Commissioner Metwally and unanimously approved. 

Inspector Brown stated that he felt the time was right to ask for more 
sales spaces - for example, some of the Christmas 1986 spaces to be made 
permanent. Also, he said, he would like to see a meeting with BART 
authorities in order to obtain four to six spaces in one of the BART 
stations. He said there are already newspaper and flowers stands in the 
stations. Commissioner Hanson agreed that the time would be appropriate 
for such requests; she said she would submit this as a recommendation to 
the full Commission in her Committee Report. 

VI NEW BUSINESS 

Program Director Lazar submitted recent Liaison Committee recommendations 
for the Program Committee's next agenda (March 17th): a recommendation for 
a time period denoting first, second, and third violations, and their 
penalties, for the artists; a recommendation for all sales spaces combined 
into one lottery; a recommendation that the artists be polled for their 
views of such a lottery. The Commissioners asked that these recommendations 
be placed on the Program Committee's next agenda. 

Street artist William Clark asked the Committee to send a letter to the 
City Attorney's office, requesting the City Attorney to proceed as quickly 

Continued 



jTS PROGRAM COMMITTEE - February 17, 1987 Minutes Page 6 



as possible in the litigation with the Longshoremen's Union and their 
rental of their parking lot to vendors. The Program Director said he 
would write to the City Attorney's office. 



Respectfully submitted: 
Howard Lazar C/ 




MO. nS 
« i 

3/n/*7 



45 Hyde Street 

Suite 319 

San Francisco. CA 94102 

415 558 3463 






cr&n? bet* 



§P^£Uf OrYirr** 



^ STREET ARTISTS PROGRAM COMMITTEE 

^ March 17, 1987 

Main Library-Civic Center 

Lurie Room __ 

Larkin and McAllister Streets DOCUMEiSi TS DEPT. 

San Francisco, California 



MAYOR 
Dianne Feinstein 



MINUTES 



I a 1337 

SAN FRANCISCO 

PHPtt in LIRPAnv 



Commissioners present: Hanson 



Commissioner Hanson, Chair, called the meeting to order at 3 ;i +0 p.m. 
and informed those present that she would be conducting the meeting 
as a committee-of-one. 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 






I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Joseph Beckman - Certificate #287^ expired February 10, 1987; 
Mr. Beckman had mailed his renewal payment four days after 
his final grace period day for renewal (February 26, I987) . 
Commissioner Hanson told Mr. Beckman that she would recommend 
to the full Arts Commission that his request for priority in 
issuance of a certificate be approved. 

II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Andrew Fernandez - applied May 27, 1983, was notified to 

appear for screening of his wares on December 17, 1985, but, 
according to his letter to the Program, he did not receive 
his notification; his request for priority was received by 
the Program on February 26, 1987. Commissioner Hanson said 
she would recommend to the Commission that Mr. Fernandez's 
request be approved. 

III RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE 

Commissioner Hanson responded to each of the following recommenda- 
tions from the Liaison Committee's February 11th meeting: 

A. Recommendation for re-consideration of penalties for violations 
of Section 2^05, Ordinance ^1-83. Commissioner Hanson asked 
Street Art Inspector Wallace Brown if he was satisfied with 
the recently adopted penalties; Mr. Brown responded that he 
was satisfied that they were acting as a positive deterrent, 
that he did not feel they were too severe, and that, as it 
is, an artist - when first caught in an offense - receives 
a written warning from the Inspector, then, if caught again, 
receives a violation notice and hearing. Commissioner Hanson 
said she would not re-consider the penalties at this time but 
would maintain them and evaluate them at a later date. 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - March 17, 1987 Minutes Page 2 



B. Recommendation for a time limit on counting an artist's violations. 
Program Director Lazar reported that, while the Liaison Committee 
had voted to request the Program Committee to establish a time 
limit, the Liaison Committee had not been in agreement as to what 
the time limit shouH be - some members had felt one year would be 
proper, others had stated a year and a half. Mr. Lazar had spoken 
to Deputy City Attorney Boyajian who told him that a limit of 
three to five years would be meaningful. Commissioner Hanson said 
she would recommend to the Commission that a three-year time limit 

be adopted, and that at the end of three years, the Program Committee 
could evaluate the time limit and see if it would be necessary to 
make it longer. 

Street artist Robert Clark said there should be no time limit, that 
artists know what the rules are when they enter the Program, and 
that the Commission was not responsible to provide any time limit. 
The Commission, he said, would be encouraging people to break the 
rules. The Commission, he added, did not have to be lenient; 
however, the three-year limit would have an effect. 

Street artist Mark Kielty endorsed the three-year limit as being 
better than a one-year limit which would allow scams to flourish. 

C. Recommendations for all sales spaces to be combined into one lottery 
and for a polling of artists for their preference of various types 

of lotteries. Mr. Lazar reported that the artists were being polled 
for their preference, and that the results of the poll would, in a 
month's time, be submitted to the Program Committee for authoriza- 
tion to operate a new lottery system on a thirty-day trial basis. 
Commissioner Hanson stated she did not feel these two recommendations 
warranted Arts Commission resolutions but that the Program could 
handle them administratively. 

IV HEARING ON ALLEGED VIOLATIONS 

A. James Toolate (hearing re-scheduled from February 11 meeting). Mr. 
Toolate was not present. Program Director Lazar told Commissioner 
Hanson that, just before the meeting, an artist had told him that 
Mr. Toolate had gone to Sacramento on the previous Saturday to 
see his wife who was ill; Mr. Lazar said that he not received a 
phone call nor a letter from Mr. Toolate that he would be unable 
to attend the hearing. He referred the Commissioner to one of 
the provisions of the Commission's Hearing Procedure , which was 
stated in the hearing notification sent to Mr. Toolate: "Failure 
to appear may result in a Program Committee recommendation of the 
penalty for the violation(s) of which you have been charged. If 
this recommendation is approved by the Arts Commission, you may 
either file an appeal with the Board of Permit Appeals within 
ten days or request a re-hearing with the Program Committee within 
ten days from the date of the Commission's resolution. ..." Com- 
missioner Hanson asked the Director to proceed with the hearing 
and advised that, if the Commissioner intended to submit a 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - March 17, 1987 Minutes Page 3 



recommendation for penalty (by the end of the hearing), Mr. Toolate 
be notified of the Commissioner's intent by mail and in-person by 
the Art Inspector. Mr. Lazar agreed to send him a letter on the 
following day; Inspector Brown agreed to hand-deliver a copy of 
the letter to Mr. Toolate on the street. 

Mr. Lazar related the incident. On January 9, 1987, street artist 
Mark Kielty telephoned the Program office to report that his wife 
had that morning seen bracelets that she and her husband made, on 
the display of another artist, James Toolate, and that these items 
were part of nearly S3, 000 worth of their jewelry that had been 
stolen out of their home. Mr. Kielty asked that Mr. Lazar and 
Mr. Brown meet him at Mr. Toolate' s display, for identification 
of the items. At this point, Mr. Lazar asked Inspector Brown to 
relate the rest of the incident to the Commissioner. 

Inspector Brown stated that he and Mr. Lazar met Mr. Kielty at Mr. 
Toolate 's display on Stockton Street, that Kielty had identified 
six of his bracelets on Toolate *s display and asked him if had 
more. Toolate had denied having more. Brown and Lazar got his 
permission to search his bags and found eleven more bracelets 
which Kielty indentified as his own. Toolate said he had purchased 
them from an unknown black vendor, and that he did not know they 
were Kielty' s. He then gave Kielty $50 to cover some of the 
bracelets which he said he had already sold. According to Brown, 
this was, in effect, an admission that the items were not his. 

Mr. Kielty told Commissioner Hanson that Toolate admitted he 
purchased forty pieces from the vendor, told them he had sixteen 
left, and then Kielty found more on his display. Kielty had 
suggested that the Police not be called, as he had heard Toolate 
had had trouble with the Police; now Kielty wished he had called 
the Police. He added that Toolate wanted to convince the Com- 
mission that he had purchased the items to avoid being charged 
with having stolen them. 

Mr. Lazar enumerated the charges: (l) Displaying items not of the 
artist's own creation - these included Mr. Kielty 's bracelets as 
well as store-bought commercially manufactured earrings and belt 
buckles; (2) improper conduct of business (possessing stolen 
property). Commissioner Hanson examined the Inspector's photo- 
graphs accompanying the report. 

The Commissioner stated that she felt the issue was clear-cut and 

that she would recommend that Mr. Toolate be found in violation 

for selling work he did not make, which merits a two-month suspension. 

With regard to the charge of improper conduct, she said, while the 

evidence was circumstantial, the best construction was that he 

had purchased the stolen goods, and the alternative was that he 

had stolen them. For this charge, she would recommend that he 

be found in violation. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - March 17, 198? Minutes Page k 



Inspector Brown pointed out that engraved on the inside of the bracelets 
were the words "Mark and Kitty." Mr. Kielty testified that, during 
the previous summer, Toolate had one time come by Kielty' s table, and 
Kielty had shown him his work. He told the Commissioner that what 
concerned him was that if Toolate were treated with too much leniency 
this would send a message out to others that they could get away 
with anything. 

Street artist Dennis Klein stated Toolate had told him he had purchased 
the items, but that he had not told him he knew they were stolen. Also, 
Klein said, Kielty does not sell on the streets very often; therefore, 
it wasn't necessarily true that Toolate could have recognized the items. 
The vendor came by Toolate 's table; Toolate accepted the merchandise, 
saying probably, yes these would look good on my table ... A lot of 
wholesalers, said Klein, come around to the street artists and sell 
them goods. 

Mr. Kielty said that the quality of his items was not the average 
quality of items found on the streets. 

Commissioner Hanson said that the circumstantial evidence suggested 
strongly that Toolate either stole the items or knew they were stolen. 
She said she would recommend to the Commission that his certificate 
be revoked. 

V NEW BUSINESS 

Street artist Robert Clark reported that the issue of the Longshoremen's 
parking lot (leased to tenant vendors) was finally being heard in 
Superior Court on April 6th, 9: 30 a.m. This was an appeal of the 
decision of the B°ard of Permit Appeals. He asked that the Street 
Artists Program staff attend. 

Street artist Dennis Klein stated he wanted to go on record as thanking 
Robert and William Clark for following this issue, and encouraging 
City action, all these years. Mr. Clark asked that Mr. Klein request 
artists to attend the hearing in order to show the judge support of 
the affected street artist locations. 

Commissioner Hanson enquired about the progress being made as a result 
of the Mayor's directive to the Police to meet with the Arts Commission 
staff on strategy for enforcing the charitable solicitors' law. Mr. 
Lazar related the meeting with Commander Scheffler, Claire Isaacs, 
Wallace Brown, Officer Winter', Deputy City Attorney Riddle, and himself 
in Ms. Isaacs' office. Inspector Brown reported that, commencing on 
the previous weekend, he was patrolling the Wharf and Downtown areas 
on the weekends of March with the beat officers of Central and 
Southern stations, and that a vendor who used to belong to a non-profit 
group had been arrested (on Stockton Street) for not being licensed 
as a vendor or registered as a non-profit and for also having a twelve- 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - March 17, 1987 Minutes Page 5 



foot display, had been taken to the Police station, and had had his 
merchandise confiscated as evidence for his trial. After the incident, 
illegal vendors cleared the streets. 

Commissioner Hanson stated the new strategy implied good communication 
with the Mayor and the Mayor's recognition of the differences between 
the street artists and the non-profit people. She encouraged the 
staff to request a representative from the Mayor's office be present 
at the forthcoming meeting of the Police and Ms. Isaacs and staff. 

On other business, street artist Dennis Klein reported that while 
the Program was circulating the Liaison Committee's poll on lottery 
systems, the Street Artists Guild had also put out a poll. He said 
he would report the results to the Program Committee. 

The meeting adjourned at k:kO p.m. 






Respectfully submitted: 



^WA.'lA .t 



Howard Lazar 




Sf- 
A"70.7£ 

* i 



STREET ARTISTS PROGRAM COMMITTEE 



45 Hyde Street 

Suite 319 

San Francisco. CA 94102 

415 S58 3463 






MAYOR 
Dianne Feinstein 



COMMISSIONERS 

Jacqueline Nemerovski 
President 
Robert LaRocca 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



■^ April 21, 1987 

'Main Library-Civic Center 
Lurie Room 

Larkin and McAllister Streets 
San Francisco, California 

^.MINUTES 



DOCUMENTS DEPT. 

MAY 1 1987 

SAN FRANCISCO 
PURLIC LIBRARV 



Commissioners present: Hanson and Metwally 

Commissioner Hanson, Chair, called the meeting to order at 3:32 p.m. 

I HEARINGS ON ALLEGED VIOLATIONS 

A. Claudia Hart . Alleged violation: exceeding display length 
regulation. Program Director Lazar submitted the Insector's 
report: On July 26, 1986, Ms. Hart was exceeding the display 
length regulation while set up on Beach Street; in the report, 
the Inspector had commented that he had "personally warned 
Claudia about being oversized and showed her how it should 

be in order not to be oversized three days ago. Dennis 
Bustillos can witness this ..." 

Ms. Hart told the Committee that her display had been six 
inches oversized but had not been oversized since the incident. 
Director Lazar asked Inspector Brown to corroborate this; Mr. 
Brown stated that she had not been oversized since the incident 
He added that her display at the time of the incident, however, 
had been more than six inches oversized. 

Commissioner Metwally confirmed that both the Inspector and 
Ms. Hart were in agreement that Ms. Hart had been at least 
six inches over the length regulation. Commissioner Hanson 
stated that there was no question that the violation had 
occurred. Comissioner Metwally moved that it be found that 
Ms. Hart had violated the Street Artist Ordinance by exceeding 
the display length regulation; the motion was seconded by 
Commissioner Hanson and unanimously approved. 

The Committee noted that Ms. Hart had, since the incident, 
taken corrective measure, and that the incident itself was 
an old violation. Commissioner Hanson moved Ms. Hart's 
certificate be suspended for the three-day weekend of May 29 
through May 31; the motion was seconded by Commissioner 
Metwally and unanimously approved. 

B. Fernando Hechavarria (hearing continued from 4/2 ). Alleged 
violations: (1) display of items not of the artist's own 
creation and not in accord with criteria; (2) improper 
conduct of business; and (3) attempt of assault on a street 
artist. 



Continued, 




STREET ARTISTS PROGRAM COMMITTEE - April 21, 1987 Minutes Page 2 



With regard to the first charge, Program Director Lazar presented a 
photograph taken of Mr. Hechavarria's brass bracelet items at his 
screening for certification on March 26, 1985, and read from the 
Advisory Committee's minutes that when the work was originally pre- 
sented, there had not been enough samples, receipts for materials, and 
tools shown to the Committee, that the Committee had asked him to 
return the following month, that he returned later during the screening 
session, and that the Committee had recommended that he be certified for 
brasswork only. Mr. Lazar then presented a commercially-manufactured 
brass replica of a Wells Fargo agent's badge and a recipt for the purchase 
of the item, and submitted it as evidence to counter Mr. Hechavarria's 
statement at the last meeting that he cut the badge and engraved on it. 

Commissioner Hanson examined the badge and noted that the design of 
the lettering and stagecoach logo was different from the plexiglass 
template Mr. Hechavarria had shown the Committee, and that the badge 
was rounded, whereas Mr. Hechavarria's cut-out sample had been flat. 

Advisory Committee members Matt Porkola and Ed Kyto Poskus told the 
Commissioners that they had been present at Mr. Hechavarria's screening. 
Mr. Porkola stated that there had been a problem the first time Mr. Hecha- 
varria had come in because he brought only a few finished items with 
all other items unfinished. Mr. Poskus stated that his Committee never 
saw anything Mr. Hechavarria had presented them like the items pictured 
in the photo of his display at the time of the incident. He said Mr. 
Hechavarria had not shown his Committee belt buckles or key rings. 
Mr. Porkola noted that the cable car key rings looked cast, and that 
Mr. Hechavarria had not shown them any cast items. Mr. Poskus further 
stated that he noted beadcraft items in the photograph and that Mr. 
Hechavarria was not certified for beadcraft; all that he had shown the. 
Advisory Committee, Mr. Poskus stated, were simple brass bracelets and 
earrings. He added that Mr. Hechavarria, as all applicants, was told 
by the Committee that if he wished to add a craft to his permit, all 
he had to do would be to come back in a month, show it to the Committee, 
and, if approved, have it added to his permit. Mr. Poskus noted further 
that the photo of the incident showed "intricate beadwork, coral and stone, 
as well as cast or filigree earrings"which Mr. Hechavarria had not shown 
to the Advisory Committee. Mr. Porkola noted that he saw, in the photo, 
"quite a bit of lapidary work" which the Committee had not approved. 

Commissioner Hanson stated that it was clear Mr. Hechavarria had been 
selling items that had not been of the approved criteria, and that 
there was strong evidence that he had not made the items he sold - 
specifically, the Wells Fargo badge, which he had intended to prove 
that he made . 

Mr. Hechavarria's attorney, Ms. Kate Dixon, ascertained from the Committee 
that her client was not being charged additionally with failing to have 
his items screened and certified. 

Mr. Lazar enumerated the three categories of items shown in the photo 
which, he contended, were not made by Mr. Hechavarria - cable car key 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - April 21, 1987 Minutes Page 3 



rings, stone-set metal belt buckles, Wells Fargo badge. 

The two Advisory Committee members examined two samples of the cable-car 
key fob submited by Mr. Hechavarria; one sample was finished and highly 
polished, the other was rough-cast and dull. Mr. Poskus said they were 
obviously recently cast pieces, and he questioned where the original 
cast came from and who it was who made the original design. 

Mr. Hechavarria, through Ms. Dixon's interpreter, replied that he and 
Alfred (Gamarra) made the mold. 

Mr. Porkola stated that the polished piece showed more detail than the 
dull piece, and that this detailing could not have been brought up by 
polishing. He said it looked like a mold may have been taken off the 
finished piece and the cast dull piece made from the mold. 

Mr. Lazar asked Mr. Hechavarria if he had drawn the original cable car 
and carved the original sculpture. Mr. Hechavarria replied that Alfred 
made the original design and had carved it. 

Commissioner Hanson noted that there was a "reflection of panels in the 
finished cable car" and asked if polishing could have brought it up. 
Mr. Porkola testified that, if anything, polishing would have worn it 
down. Commissioner Hanson noted the lettering on the finished piece 
and its loss of it in the rough-cast piece; she noted also a loss of 
other detailing in the rough-cast piece - the second figure from the 
left, the lack of delineation of a woman's arm. 

Mr. Hechavarria said he worked with sand and with a buffing wheel. 

Commissioner Metwally stated that if Alfred had made the mold and 
carved it, then it was really not created by Mr. Hechavarria. Com- 
missioner Hanson said that the evidence suggested that. 

Mr. Hechavarria presented a metal'buckle. Mr. Poskus said that it was 
a commercially manufactured buckle. 

Mr. Hechavarria presented various metal money clips and brass bracelets. 
The Advisory Committee members stated that these items were similar to 
what he had shown them at his screening and what he had been approved 
to sell. 

Ms. Dixon said that her client had testified truthfully and that what 
was at issue were three items, two of which were a close call as to 
whether they had been commercially manufactured. 

Commissioner Hanson stated that the buckles Mr. Hechavarria had presented 
at his last hearing had not reappeared today. She said also that the 
template Mr. Hechavarria had presented of the Wells Fargo badge (at the 
last session) had revealed that there was no possible way it could be 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - April 21, 1987 Minutes Page 4 



used to produce the engraved finished design on the finished badge he 
had presented. She said that it had not been accurately stated that he 
carved it from the template because the template was different from 
the finished design. She went on to state that the cable car piece 
revealed that the finished cable car was not made from the rough cast 
cable car, that the lack of detail in the rough cast piece could not 
be made up for in the finishing process. She concluded that the 
finished one could not have come from the rough cast one. 

Commissioner Metwally added that it was a critical point in the hearing 
that Mr. Hechavarria had stated that another person had carved and 
made the mold. 

Mr. Poskus stated that if Mr. Hechavarria had told the Advisory Com- 
mittee that someone else made the mold, he would not have been approved 
to sell the item. 

Commissioner Metwally moved that it be found that Mr. Hechavarria had 
violated the Street Artists Ordinance by displaying items not of his 
own creation; the motion was seconded by Commissioner Hanson and unan- 
imously approved. 

Commissioner Metwally referred to the Penalties for Violations listed 
on Page 12 of the Street Artists Program handbook which states that 
there shall be a two-month suspension of certifiate for a first offense 
of violating the ordinance by displaying items not of the artist's own 
creation, and that there shall be revocation of certificate for a 
second offense of the same violation. 

Inspector Brown asked that the Committee inform Mr. Hechavarria that 
he could not sell the inlaid-stone buckles (for which he was not 
certified), as the buckles were commercially manufactured, and Mr. 
Hechavarria had not been approved for lapidary. Mr. Brown said also 
that while Mr. Hechavarria had shown the Committee samples of his 
handmade metal chokers, he also sells chokers made in India. 

Commissioner Metwally asked Mr. Hechavarria if he had any questions 
about the rules; he responded that he had no questions. He added 
that a two-month suspension was too much for him. The Commissioner 
answered that that was what was stated in the rules. 

The Committee heard the second charge against Mr. Hechavarria - 
improper conduct of business (indecent exposure in public). Program 
Director Lazar summed up the testimony at the February 11th hearing 
and stated that there was not a preponderance of evidence to support 
the charge, that it had come down to one word against another among 
the witnesses. Commissioner Hanson moved that, due to a lack of 
evidence, the Committee not pursue the charge against Mr. Hechavarria 
of improper conduct of business/indecent exposure in public. 

The Committee went on to the third charge - attempted assault. 
Mr. Lazar summed up the Committee's requests (from February 11th) 



Continued 



STREET ARTISTS PROGRAM COMMITTEE - April 21, 1987 Minutes Page 5 



that Mr. Hechavarria and his attorney furnish the Committee with a 
comprehensive report as to whether Mr. Hechavarria was in a regular 
medical treatment program and how his disability relates to, or 
affects, his activities as a street artist on the streets. Mr. Lazar 
stated also that, at the February 11th hearing, Inspector Brown had 
testified that there had been an occasion when Mr. Hechavarria had 
attempted to hit Brown with a chair and had been stopped by another 
artist, and that Mr. Brown had stopped Mr. Hechavarria from attempting 
to hit artist John Bass with a bicycle chain. Mr. Lazar also stated 
that, at the February 11th hearing, Mr. Bass had testified that Mr. 
Hechavarria had not only tried to strike him but had also tried to 
hit Brown as well. 

Commissioner Metwally read an excerpt from a February 1, 1983 letter 
by Deputy City Attorney Boyajian to Mr. Lazar (reprinted on Pages 54-55 
of the Program handbook): "... Section 24 of Part III provides in relevant 
part as follows: 

" Any department authorized to issue, revoke or 
transfer permits ... may revoke any permit subject 
to issuance by said department when it shall appear 
that the business or calling of the person, firm or 
corporation to whom it was granted is conducted in 
a disorderly, improper or hazardous manner . ..." 

Commissioner Metwally said it.was clear, in this case, that Mr. Hechavarria 
had conducted business in a disorderly, improper or hazardous manner. 

Ms. Dixon questioned her client before the Committee: Did he assault 
Mr. Bass? Answer: No. Did he pick up a bicycle chain that day? 
Answer: No. Did he get sick that day? Answer: Yes. When he woke up 
he was in a hospital. What made him sick? Answer: The two artists 
came and started messing around with his table; he was at another table 
at the time and has two witnesses who saw it and told him about it when 
he woke up. Was he going to the doctor now for his seizure problem? 
Answer: Yes, and was taking dilantis pills. Did the doctor ever tell 
him he could not work as a street artist? Answer: No, he never told 
him such a thing. 

Ms. Dixon told the Committee that her client was going to the Neurology 
Clinic at San Francisco General. She showed the Committee a slip of 
paper for an appointment on May 19th, and stated that it would cost her 
client $1,000 to obtain a detailed record statement from the clinic, as 
the staff there doesn't have the time to do it. She said she could 
produce a sheet that shows his entry to the hospital and his appointment 
for May 19th. 

Commissioner Metwally asked Mr. Hechavarria how 6ften he has seizures. 
Mr. Hechavarria replied he did not know, that it just happens suddenly, 
that he has had them since he was eighteen years old. The Commissioner 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - April 21, 1987 Minutes Page 6 



asked him how often he had the seizures in 1985. He responded that 
it was more than once but did not know how many. 

Inspector Brown testified that he witnessed him have a seizure in 1985 
when he got angry with street artist June Richard; she had said that 
he had pulled down his pants in front of her, and he got angry and was 
about to hit her with his fist when Brown, who was in his car, yelled 
at him and he fell to the ground, in a seizure. Mr. Brown went on to 
say that in 1986 Mr. Hechavarria swung his chair at Brown, and artist 
Sherrie latum stopped him. He did not have a seizure at that incident. 

Commissioner Metwally asked Mr. Hechavarria if he ever ingured himself 
when he has had a seizure on the street. He said he had not. 

Commissioner Hanson concluded that Mr. Hechavarria had attempted to 
assault another artist. Commissioner Metwally agreed and said that 
the act falls under the category of disorderly, improper and hazardous 
conduct of business. Commissioner Hanson said there was a preponderance 
of evidence which supported the charge. 

Commissioner Hanson moved that it be found that Mr. Hechavarria had 
violated the Street Artists Ordinance by conducting business in a 
disorderly, improper and hazardous manner, specifically by attempting 
assault; the motion was seconded by Commissioner Metwally and unanimously 
approved. 

Commissioner Hanson stated that it was a serious matter when a street 
artist attempts to attack another, no matter what the circumstances are, 
and that it called for automatic revocation. She said she did not feel 
that the violent behavior brought on by a seizure was reason to excuse 
the incident. Commissioner Metwally added that they were not certain 
that the violent behavior was part of the seizure; it preceded the seizure. 
The Commissioners questioned whether a period of time should be allotted 
to observe Mr. Hechavarria in a treatment program, or revoke his certificate, 

Commissioner Metwally moved that Mr. Hechavarria be required to submit 
to the Program Committee, at its meeting of June 16, 1987, a written 
statement signed by a doctor that he is under an ongoing medical treat- 
ment program aimed at stopping violent seizure behavior; and that 
should Mr. Hechavarria fail to produce such statement, his certificate 
shall be revoked, as provided by Section 24, Part III of the San Francisco 
Municipal Code. The motion was seconded by Commissioner Hanson and 
unanimously approved. 

Commissioner Hanson asked Ms. Dixon to write such a request to a doctor 
on her client's behalf; Ms. Dixon said she would do so. Commissioner 
Metwally asked Mr. Lazar to notify Ms. Dixon in writing of the Arts 
Commission's adoption of this recommendation, and to enclose a copy 
of the Program Committee minutes, and to send it return receipt. 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - April 21, 1987 Minutes Page 7 



C. Amy Dong . Alleged violation: exceeding display length regulation. 
Program Director Lazar submitted the Inspector's report and comments 
that after "more than three warnings to Mrs. Dong that she have her 
earring carousel on the board I allowed her as a work area to string 
beads and work, she displayed the earring carousel on the board, result- 
ing in her display exceeding 4' " in length. The Inspector had issued 
her a notice of violation on August 25, 1986, and on the following day, 
August 26, for the same violation. Mrs. Dong, in turn, had written 
a letter to Mr. Lazar, stating that she had done "this on purpose so I 
can get your attention on the fact that Mr. Brown only concerns himself 
with squeezing and display size" and "overlooks- the most important 
factor . . . which is controlling vendors f om selling ready made merchandise 
(i.e. brass and nicklesilver collars) at a ridiculously low price. ..." 

Mrs. Dong told the Committee that she had shown Mr. Brown the handmade 
brass collars she makes and the commercially manufactured collars 
obtained from stores. Her daughter Nancy stated that her mother knew 
the rules, that she did it on purpose to be heard, that she had written 
letters, called the Program Director, but the Program would not take 
notice. 

Commissioner Hanson stated that there was agreement on both sides that 
Mrs. Dong had been in violation. Commissioner Metwally moved that it 
be found that Mrs. Dong had violated the Street Artists Ordinance by 
exceeding the display length regulation; the motion was seconded by 
Commissioner Hanson and unanimously approved. 

Commissioner Hanson moved that Mrs. Dong's certifiate be suspended for 
the three-day weekend of May 29 through May 31; the motion was seconded 
by Commissioner Metwally and unanimously approved. 

Mrs. Dong was told by the Committee that if she committed the same 
violation, again, the Commisson's recently adopted standard penalties 
would apply, and she would receive a three-week suspension. Nancy Dong 
said that her mother requested that she be given a warning instead of 
the three-day suspension. Commissioner Metwally responded that she 
had already received warnings, and that she was entitled to appeal 
the recommendation. 

II NEW BUSINESS 

Request by former certificate-holder Todd Strong for priority in issuance 
of new certificate . Todd Strong - Certifiate #3194 expired March 24, 1987; 
his request received by Program on April 20, 1987. Commissioner Hanson 
moved that Mr. Strong's request be approved; the motion was seconded by 
Commissioner Metwally and unanimously approved. 



The meeting adourned at 5:30 p.m. 



Respectfully submitted: 
Howard Lazar ^ 







45 Hyde Street 
Suite 319 

San Francisco, CA 94102 
415 556 3463 



STREET ARTISTS PROGRAM COMMITTEE 



^ SPECIAL MEETING 

Thursday v^gril 2, 1987 

Main Library-Civic Center 

Lurie Room 

Larkin and McAllister Streets MAY 1987 

San Francisco, California 



DOCUMENTS DEPT. 



MINUTES 



SAN FRANCISCO 
P1JRLIC LIBRARV 



MAYOR 
Oianne Feinstein 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
Ceorge T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



Commissioners present: Hanson and Metwally 

Commissioner Hanson, Chair, called the meeting to order at 3*39 p.m.. 

I HEARING ON ALLEGED VIOLATIONS 

A. Fernando Hechavarria (hearing continued from February 11, 1987 
meeting) . Alleged violations: (l) display of items not of the 
artist's own creation and not in accord with criteria; (2) 
improper conduct of business; (3) attempt of assault on a street 
artist. 

Program Director Lazar reported on the City Attorney's clarification 
with regard to questions raised by the Committee at Mr. Hecha- 
varria' s previous hearing. Mr. Hechavarria is subject to epileptic 
seizures of which he told the Committee he had no memory. The 
Committee had expressed concern over the Commission's continued 
sponsoring of a person on the streets who had attempted assault 
and had threatened the Art Inspector, and had stated that his 
behavior may not be under his control. The Commissioners had 
asked Mr. Lazar to inquire as to whether it were possible to 
suspend the certificate indefinitely, until Mr. Hechavarria 
could produce medical evidence that he would be able to control 
himself on the streets and not be a threat to the Inspector, 
other artists, or the public. Deputy City Attorney Boyajian 
clarified that there is nothing in the street artist ordinance 
that can "condition" a certificate or suspend it indefinitely; 
the Arts Commission has no authority to place conditions on 
suspensions. The Commission is empowered to adopt rules and 
regulations to manage and enforce the Street Artists Program, 
and is obliged to follow the rules and regulations which are 
the penalties of suspension or revocation of certificate. 

Commissioner Metwally read from an excerpt of Ms. Boyajian 's 
February 1, 1983 letter to Mr. Lazar, answering the question 
of whether the Commission may suspend or revoke a certificate 
of an artist who has assaulted the Art Inspector, another artist, 
or any person at the artist's sales location: "Yes. The Art Com- 
mission is expressly empowered to suspend or revoke the certificate 
of any street artist after a public hearing for good cause shown. 
In addition, the Commission is specifically empowered to suspend 
or revoke a street artist's certificate when, after public hearing, 

Continued 




STREET ARTISTS PROGRAM COMMITTEE - April 2, I987 Minutes Page 2 



it appears that the street artist is conducting his or her business 
in a "disorderly, improper or hazardous manner." Part III, Section 24, 
supra . ..." 

Ms. Kate Dixon, attorney for Mr. Hechavarria, told the Committee that 
a charge against her client was made at the Hall of Justice and that 
the authorities were considering as to whether they would proceed 
against him. As the charge involved misdemeanors, she said, her 
client could not speak, as his testimony could be used against him. 
Any admission, she said, no matter where it was given, could be used 
in a criminal proceeding. She asked that the Committee postpone 
their hearing of the second and third charges against Mr. Hechavarria 
until the District Attorney makes his determination, and that the 
Committee proceed to hear only the first charge. 

Commissioner Metwally said she saw no problem in waiting for the 
hearing on the other two charges and proceeding with the first. 

Street artist John Bass informed the Committee that he had filed one 
of the charges against Mr. Hechavaria, the charge dealing with the 
attempted assault. The other two people, he said, who had instituted 
a complaint against Mr. Hechavarria' s alleged indecent exposure in 
public had not filed that charge with the Police. 

Commissioner Metwally asked that the Committee proceed with the first 
charge, and have the other people testify on the other charges later. 

Mr. Lazar identified various items in the photograph taken by the 
Art Inspector, of Mr. Hechavarria' s display, showing alleged commercially 
manufactured earrings, money clips, brass key-ring fobs, metal buckles 
with stones, and a six-pointed engraved "Wells Fargo" badge/buckle. 

Mr. Hechavarria, through an interpreter brought by Ms. Dixon, answered 
the Committee's questions. He stated that he remembered displaying 
the items shown in the picture, and that he made everything that was 
shown. He said he did not buy them from any store or from anyone 
else. He made the earrings, the key chains, etc. He showed the 
Committee a rough-cut, unpolished six-pointed metal badge, as well 
as a six-pointed engraved 'Veils Fargo" badge. He said he cuts the 
metal and engraves the words. He also said he cut the stones and 
set them in the other buckles. 

Street artist Alfred Gamarra told the Committee that the Inspector 
deliberately uses Mr. Hechavarria as a "target" and does not cite 
other artists. He also said the key chains are so easy to make that 
anyone can make them; and that he taught Mr. Hechavarria to make the 
items. He said he himself has made key rings with him, and that he 
taught him how to make money clips and bangles. He said he met him 
at the Wharf years before when Mr. Hechavarria was shining shoes, and 
Mr. Gamarra had felt he should apply for a street artist permit. He 
said that at Mr. Hechavarria 's screening of wares, he had to speak 
for Mr. Hechavarria because the Advisory Committee had not wanted to 
give him a permit. He received his permit in I985. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - April 2, I987 Minutes Page 3 



Commissioner Hanson asked Mr. Hechavarria how he made the "Wells Fargo" 
star. He replied that the cuts the metal first; then he has an 
engraving machine and he engraves everything. The machine with a motor 
is at the shop; he engraves the letters and everything. Commissioner 
Hanson asked him if it was free-hand engraving and how he controls it. 
He replied that he controls it by hand, and that it has a needle that 
is controlled when he controls the machine. 

Commissioner Metwally noted that the two badges were different in metal 
thickness. Mr. Hechavarria replied that one is eighteen gage, the 
other is twenty gage. 

Mr. Lazar stated that he could produce expert witnesses - street artists 
- who could give the addresses of the outlets where the "pre-stamped 
badges" are produced. 

Commissioner Hanson asked Mr. Hechavarria how he made the sculptures 
cable-car key fob which appeared in the Inspector's photo. Mr. 
Hechavarria stated that he had to buy sand, that they had a mold at 
home, the mold was made out of bricks, and the bricks have to be closed 
very tightly. The molten metal is put inside, then taken out and put 
in liquid acid, then placed in water and polished. They sell for 
S8. 

Mr. Lazar told the Commissioners that the Advisory Committee's criteria 
do not allow for commercial molds. 

Commissioner Hanson stated that, in her opinion, Mr. Hechavarria did 
not make the items, but that it was necessary to have testimony from some 
expert witnesses. She also stated that she felt the "stagecoach" 
engraved on the metal badge could not have been made from the plexiglass 
design submitted by Mr. Hechavarria. 

Commissioner Metwally moved that the hearing on all three charges 
against Mr. Hechavarria be continued; the motion was seconded by Com- 
missioner Hanson and unanimously approved. 

II NEW BUSINESS 

A. Requests by former certificate-holders for priority in issuance of 
certificate: 

(1) Kathy Wilcox - Certificate #3072 expired March 4, 1987; her tele- 
phone request was received by the Program on March 19, 1987» Com- 
missioner Hanson moved that Ms. Wilcox's request be approved; the 
motion was seconded by Commissioner Metwally and unanimously approved, 

(2) Martin Butschek - Certificate #2328 expired December 28, I986; his 
telephone request was received March 24, I987. Commissioner Hanson 
moved that Mr. Butschek 's request be approved; the motion was 
seconded by Commissioner Metwally and unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - April 2, I987 Minutes 



Page k 



(3) Hung Tran Minn - Certificate #30l8 expired February 27, 1987; 
his request was received March 25 , 1987. Commissioner Hanson 
moved that Mr. Minn's request be approved; the motion was 
seconded by Commissioner Metwally and unanimously approved. 

The meeting adjourned at 4:35 p.m. 



Respectfully submitted: 
Howard Lazar <!/ 




SP 

A10.7S 
h- I 



45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 

--: May 19, 1987 

Main Library-Civic Center 
Lurie Room 

Larkin and McAllister Streets 
San Francisco, California 

^MINUTES 



DOCUMENTS DEFT 

JUN 2 1SS7 

SAN FRANCISCO 
PURLIC IJBRAPV 



MAYOR 

Dianne Feinstein 



COMMISSIONERS 

lacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
fimothy Duncan 
Stanley Eichelbaum 
lo Hanson 
William Paterson 
^na-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Zlaire N. Isaacs 






Commissioners present: Hanson and Metwally 

Commissioner Hanson, Chair, called the meeting to order at 3-35 p.m. 



HEARING ON ALLEGED VIOLATIONS 

A. Michael Rogers - Certificate #204^. Alleged violations: (l) As- 
saulting two street artists; (2) improper conduct of business/ 
harrassment , intimidation of street artists; (3) obstructing the 
duty of the Art Inspector. 

Program Director Lazar reported on the incidents relative to the 
charges: (l) Mr. Rogers' alleged assault of artist A. B. Petrow 
on March 1, I987, and Mr. Rogers' alleged assault of artist Mark 
Monsarrat on February 1 1986. (Mr. Lazar referred the Commissioners 
to the documents relative to these incidents, which had been mailed 
to the Commissioners: Police Incident Report Forms of March 1, 1987 
and February 1, I986; letter by Mark Monsarrat submitted to Mr. 
Lazar on March 4, 1987; letter by witness Larry Rosenbloom sub- 
mitted on May l8, 1987.) (2) Mr. Rogers' alleged harrassment of 
artist Linda Stark on August 21, 1986 , alleged harrassment of 
Mark Monsarrat on November 17, 1985, and alleged disruption of 
the artists' lottery procedure on July 5, 1986. (Mr. Lazar re- 
ferred to the following supporting documents: letter by Linda 
Stark submitted to the Program on February 11, 1987; Art 
Inspector's Report of Alleged Violation submitted August 21, 1986; 
letter by Mark Monsarrat submitted March ^f, 1987; letter by artists 
Susan Ciochetto, Karl Buhler, and Cindy Green dated December 29, 
1986; letter by John Bass, Secretary, Lottery Committee, submitted 
July 31, 1986.) (3) Mr. Rogers' alleged obstruction of the duty 
of Street Art Inspector Brown on August 21, 1986. (Mr. Lazar 
referred to the Inspector's Report of Alleged Violation submitted 
August 21, 1986; letter by Deputy City Attorney Judith Boyajian, 
dated February 1, 1983, regarding Arts Commission jurisdiction 
in cases of obstruction of staff duty and cases of assault.) 

Mr. Lazar stated that Mr. Rogers had been notified to appear 
before the Program Committee on May 19th. On the morning of 
the hearing, Mr. Rogers came to the Program office to renew his 
certificate. After the renewal was completed, he handed the 
Program Director a sealed envelope addressed to 'the Program 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - May 19, I987 Minutes Page 2 



Director and a sealed envelope addressed to the Commission's Director. 
He left the office before the Program Director could open the envelope 
and respond to Rogers' letter inside which requested postponement of 
his hearing. Mr. Lazar submitted the letter to the Commissioners; the 
letter stated that Rogers had been given less than ten days to prepare 
his defense, that he had received his notice on May 10th, that his 
lawyer was unable to attend the May 19th hearing due to commitments. 
The Committee noted that Mr. Rogers was not present, and- called upon 
Deputy City Attorney Boyajian for advice on whether to proceed in 
his absence. 

Deputy City Attorney Boyajian stated that Mr. Lazar had reported the 
morning incident to her and she had advised him to attempt to tele- 
phone Mr. Rogers and to have the Art Inspector attempt to locate him 
in the street artist areas, in order to inform him that he was required 
to appear at the hearing with his request, as it is the authority of 
the Program Committee - and not the Program Director - to cinsider and 
grant a continuance of his hearing. The Deputy City Attorney stated 
that, in her opinion, it would not be an abuse of discretion to proceed 
in his absence, as he did not request a continuance until the day of the 
hearing, and given the number of witnesses present at the hearing who 
were prepared to give their testimony. 

The Commissioners decided to proceed and to submit their recommendations 
to the full Commission. Mr. Lazar was asked to call upon the plaintiffs 
and the witnesses for their testimony. The Commissioners stated that 
they would take evidence on each charge and consider each charge 
separately. 






l) Mr. Rogers alleged assault of A. B. Petrow on March 1, 1987 t 
and Mark Monsarrat on February 1, 1986. A. B. Petrow told the 
Commissioners he did not wish to testify at this time, upon the 
advice of the Police inspector handling the criminal charge against 
Mr. Rogers. Deputy City Attorney Boyajian informed the Commissioners 
that she had spoken with Police Inspector Lucas who told her that 
she had advised Mr. Petrow wait until the criminal proceeding was 
completed before giving testimony in the administrative proceeding, 
due to the possibility of confusion in testimony that could arise. 
Ms. Boyajian stated that the administrative proceeding is totally 
separate from the criminal proceeding, that the Commission could 
proceed, if it so chooses, despite a respondent's request for 
postponement; in this case, however, it is the complaining 
witness requesting postponement of giving testimony, and, as 
such, the Commission could accommodate him. 

The Committee heard testimony from witnesses David Samuel and 
Kirk Turner. According to the testimony, Michael Rogers, alias 
Nicholas Quirarte, approached Petrow 's display with belligerance, 
Petrow asked him to leave, Rogers hit him with his left hand 

- a "sucker punch" on the face - asked him if he wanted "some 
more", and left. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - May 19, 1987 Minutes Page 3 



The Committee heard testimony from Mark Monsarrat and witness Larry 
Rosenbloom, with regard to the February 1, 1986 alleged assault on 
Monsarrat. Rogers approached Monsarrat' s display, afte having no 
contact with him for several months, and started to denigrate Monsar- 
rat ' s craft; Rogers' wife Claudia attempted to intervene; Rogers 
threatened to "bash" Monsarrat 's "head in"; Monsarrat drew the threat 
to the people around them, packed up his display, found Rogers later 
at another location, exchanged words, Rogers hit him about the face 
and mouth; at no time did Monsarrat hit him. Monsarrat filed a Police 
report and went to Central Emergency room. 

2 . Mr. Rogers' alleged harrassment of Mark Monsarrat on November 17, 1985 . 
Mark Monsarrat, David Samuel, and John Bass testified. The following 
points were made: Mr. Rogers disruped the business of six artists 
for forty-five minutes, by shouting profanity about the craft and 
persons related to Monsarrat; prior to the incident, Rogers was very 
vocal about people passing laws in the Street Artists Program, and was 
abusive at the lotteries about this issue; this was not the first time 
he had openly cursed Monsarrat; during his tirade on November 17th, 
business was very poor for the artists in the immediate vicinity. 

Mr. Rogers' alleged harrassment of Linda Stark on August 21, 1986 . 
Linda Stark, A. B. Petrow, Susan Ciochetto, and Art Inspector Brown 
testified. The following points were made: Ms. Stark had upheld a 
rule of the lottery in reference to Mr. Rogers using his wife's 
selling space and alowing another artist to use the space also; Ms. 
Stark received a screaming tirade from Rogers, poking his finger in 
her face; Rogers told customers that Ms. Stark was trying to steal 
his wife's space; onlookers turned around; when Inspector Brown appeared, 
Rogers shouted profanity at both Brown and Stark, the Inspector tried 
to get him to stop, had to write up a violation notice; Rogers finally 
left; later he and his wife tried to divert Ms. Stark's attention by 
honking their car horn loudly at her display; he harrassed Ms. Stark 
previously on several occasions, and openly displayed his resentment 
of artists who work on committees working with the Arts Commission; 
when Ms. Stark sat on the committee helping to hire a new Art 
Inspector, Rogers called her at home and tried to persuade her to 
not recommend hiring an ex-military officer (Wallace Brown) of whom 
he said would be "a lifer" in the Program and urged her to recommend 
a woman who would wind up quitting in eighteen months; after Mr. Brown 
was hired and had to enforce the illegal practice of "squeezing" (set- 
ting up displays between legal spaces), Rogers told many people that 
he held Ms. Stark and Mr. Monsarrat responsible for his loss of income 
because he could no longer sell as often as before; when Ms. Stark 
expressed her support of rescinding the veteran's priority in street 
artist certification, Rogers harrassed her over the telephone at home; 
on the evening of August 21,1986, Rogers and his wife Claudia Hart were 
identified by a witness as vandals and defacers of a store owned by 
friends of Ms. Stark - a Police report was made, the vehicle used was 
owned by Rogers, Inspector Lindberg of the Hall of Justice told the 
store owners that there was sufficient evidence in this incident for 
the Arts Commission to use in its hearing on Rogers; during 1985, Rogers 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - May 19, 1987 Minutes Page 4 



accused Susan Ciochetto, a New Zealander, of being an illegal alien 
and would shout obscenities at her. 

3. Mr. Rogers alleged obstruction of duty of Art Inspector on August 21 , 
1986 . Art Inspector Brown and A. B. Petrow testified and made the 
following points: When Mr. Brown was talking to Ms. Stark after her 
incident with Rogers, Rogers came up to them and proceeded to shout 
at the Inspector to "write me up - I didn't do anything!" He shouted 
obscenities at the Inspector, whereupon Brown wrote the violation notice; 
Rogers refused to accept the notice (Brown later handed it to Rogers' 
wife); afterward, when Brown approached Petrow to verify that Petrow 
had observed the incident, Rogers came by and hollered at both of them. 

After receiving the testimony, Commissioner Metwally read an excerpt from 
Deputy City Attorney Boyajian's February 1, 1983 letter describing the Arts 
Commission's jurisdiction in cases of street artist assault, improper and 
hazardous conduct of business, and obstruction of duty of Commission staff. 
The Commissioner emphasized the letter's clarification that the Commission 
had the power to suspend or revoke "for good cause shown." 

Commissioner Metwally moved that it be found that Michael Rogers had assaulted 
two street artists and that good cause was shown to recommend revocation of 
his certificate, and that his certificate be revoked; the motion was seconded 
by Commissioner Hanson and unanimously approved. 

Commissioner Hanson moved that it be found that Michael Rogers had conducted 
business in a disorderly, improper and hazardous manner by harrassing and 
intimidating street artists, that good cause was shown to recommend revocation 
of his certificate, and that his certificate be revoked; the motion was 
seconded by Commissioner Metwally and unanimously approved. 

Commissioner Hanson moved that it be found that Michael Rogers had obstructed 
the duty of the Art Inspector, that good cause was shown to recommend revoca- 
tion of his certificate, and that his certificate be revoked; the motion was 
seconded by Commissioner Metwally and unanimously approved. 

II REQUESTS FROM APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Rosa Maria Rocha da Silva - request for postponement of screening until 
October, 1987. Commissioner Metwally moved that Ms. da Silva' s request 

be approved; the motion was seconded by Commissioner Hanson and unanimously 
approved. 

B. George Boucher - request for postponement of screening until May, 1988. 
Commissioner Metwally moved that Mr. Boucher's request be approved; the 
motion was seconded by Commissioner hanson and unanimously approved. 

Ill REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 



Continued 



STREET ARTISTS PROGRAM COMMITTEE - May 19, 1987 Minutes Page 5 



A. Paul Smith - applied June 12, 1978; was notified for screening on 
July 21, 1980 (his letter was returned unopened) ; his request for 
screening was received by Program on May 6, 1987. Commissioner 
Hanson moved that Mr. Smith's request be approved; the motion was 
seconded by Commissioner Metwally and unanimously approved. 

IV GOALS FOR STREET ARTISTS PROGRAM; LIAISON COMMITTEE RECOMMENDATIONS 

Program Director Lazar reported that Liaison Committee Member Dennis 
Klein and he had been meeting with various .merchants and hotel managers 
of the downtown area whose businesses may be impacted by additional 
street artist spaces. Specifically, Mr. Klein and Mr. Lazar were 
requesting that fifteen of last Christmas' s temporary spaces be made 
permanent - eight spaces at the cablecar turnaround at Market and 
Drumm Streets, five spaces on the west side of Stockton Street (Post 
to Sutter) adjacent to the Hyatt Hotel, and two spaces on Post Street, 
Powell to Stockton, adjacent to Qantas building. Mr. Lazar said that 
so far the merchants had not' objected, but that if there were those 
who would, the adjacent spaces would be withdrawn voluntarily from the 
list, prior to submission to the Board of Supervisors. 

Commissioner Hanson moved that the proposal to make fifteen of the 
Christmas, 1986 temporary spaces into permanent spaces be approved; 
the motion was seconded by Commissioner Metwally and unanimously 
approved. 



NEW BUSINESS 

Street Artist Robert Clark informed the Committee that he recently 
found out that the City Attorney's office had made an agreement with 
the Longshoremen's Union and the vendor- tenants of the Longshoremen's 
parking lot to allow the vendors to continue selling their wares on 
the lot through the summer, until September 8th, and the vendors to 
pay the City $27,000 in fines for selling illegally. Mr. Clark said 
that the matter went before the Finance Committee and was approved by 
the full Board of Supervisors and was scheduled to go before the Board 
for a second reading next week. Mr. Clark said that neither the street 
artists nor the Arts Commission had been informed of this, and that he 
was requesting the Commission to contact the Supervisors of the Finance 
Committee to have the matter referred back to the Committee. He said 
he wanted to see the artists and the Commission have the opportunity to 
to state publicly that they do not want to see the City condone an 
illegal activity by allowing the vendors to continue selling through 
the summer. 

Program Director Lazar volunteered to telephone each of the Supervisors 
of the Finance Committee; Commissioner Hanson asked that the artists 
attending call them also and to call Nancy Walker who has been actively 
involved with the street artists; Commissioner Metwally said she would 
look into the matter with the City Attorney's office. The meeting 
adjourned at 5:10 p.m. 

Respectfully submitted: 



/^Howard Lazar^^^^^- — " 




A70.-7S" 

* i 
b/ifc/n 



5 Hyde Street 

uite 319 

an Francisco, CA 94102 

15 558 3463 



£P"_ Ci ih d 



<<, STREET ARTISTS PROGRAM COMMITTEE 

June 16, 1987 

Main Library-Civic Center 

Lurie Room 

Larkin and McAllister Streets 

San Francisco, California 

^MINUTES 



DOCUMENTS DEPT. 

Z 3 1587 

SAN FRANCISCO 

PIIRI \C\ \ IROAOV 



1AYOR 

lianne Feinstein 



'.OMMISSIONERS 

icqueline Nemerovski 
resident 

:obert LaRocca 
'ice President 

'ernon Alley 
imothy Duncan 
tanley Eichelbaum 
5 Hanson 
Villiam Paterson 
nna-Marie B. Metwally 
ieorge T. Rockrise 
eter Rodriguez 
oselyne C. Swig 
elix M. Warburg 

X OFFICIO MEMBERS 

residents of the 
ine Arts Museum, 
ibrary Commission, 
lanning Commission, 
ecreation and Park 
ommission 



HRECTOR 
laire N. Isaacs 






Commissioners present: Hanson 

Commissioner Hanson, as a Committee-of-One, called the meeting to order 
at 3=35 p.m. 

I REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Franklin Melton - applied December 5? 1983; was notified March, 
1986, for screening of his wares, and did not respond to notice. 
On June 12, 1987i he wrote to the Program for priority screening 
and stated that he had moved several times and did not receive 
the notice. Commissioner Hanson said she would recommend to the 
full Commission that Mr. Melton's request be approved. 

II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Malen Leung - Certificate #2369 expired May 2, 1982; Ms. Leung's 
request for priority was received by the Program on April 29, 
1987. Ms. Leung had written that she had had to leave the Program 
in 1982, due to serious headaches from hypertension; she had gone 
to Singapore to stay with her sister and undergo "Chinese medicine 
treatment '•'; she returned to San Francisco after her street artist 
permit had expired seven months previously, and had rented space 
from the Longshoremen's parking lot since then to sell her wares. 
Now that, through legal action, the Longshoremen Union was dis- 
continuing such usage of their parking lot, Ms. Leung was appealing 
for priority in issuance of a new street artist certificate. 

Ms. Leung was not present at the Program Committee meeting; she 
had sent a letter explaining that she could not find the doctor 
who had diagnosed her hypertension in 1982. Commissioner Hanson 
noted that Ms. Leung's condition had not presented her from 
selling her items through another channel. She said she would 
recommend to the Commission that Ms. Leung's request be disapproved. 

B. Charlotte Webber - Certificate #130 expired December *f, 1986; Ms. 
Webber's request for priority was received by the Program on May 20, 
I987. Ms. Webber told Commissioner Hanson that she had inadvertently 
let her certificate lapse; she thought she had last renewed it for 

a year, from September, 1986 through September, 1987; she wasn't 
using the certificate, and so did not look at its expiration date. 




Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 16, 1987 Minutes Page 2 



She had been a street artist in the Program since July 4, 1984, 
and had never failed to renew her certificate until this time. 
Commissioner Hanson said she would recommend to the Commission 
that Ms. Webber's request be approved due to Ms. Webber's duration 
in the Program and to the relatively short amount of time in which 
Ms. Webber contacted the Program after the three-month period 
allotted to former certificate-holders to submit their requests. 

Ill REQUEST BY CERTIFICATE-HOLDER TO APPEAL ADVISORY COMMITTEE RECOMMENDATION 
OF DENIAL OF CERTIFICATION OF FAMILY UNIT MEMBER 

A. Robert English (Certificate #31^9). Program Director Lazar explained 
that, on May 26, 1987, certificate-holder Robert English requested 
the Advisory Committee of Street Artists and Craftsmen Examiners 
to recommend that certificate-holder Phillip Schaffer (Certificate 
#256^) be certified as a member of Mr. English's family unit, helping 
to produce Mr. English's wire bracelets. The Advisory Committee 
denied the request on the following grounds: (l) Mr. Schaffer 's 
role in the creation of Mr. English's item did not satisfy the Arts 
Commission's requirement that a "handcrafted item ... consist of 
components predominantly created or altered in form by the street 
artist or craftsperson" (Arts Commissicn Resolution #1981-98*0; and 
(2) Mr. Schaffer 's role in the creation of the item did not satisfy 
the definition of "Handcrafted Item" in Section 2401(b) of Ord- 
inance 41-83: "An item predominantly created or significantly 
altered in form by the street artist." Mr. English was appealing 
the Advisory Committee's recommendation. 

Mr. English stated that his attorney had declined to attend today's 
meeting and had told Mr. English that they would appeal the Program 
Committee's decision before the Board of Permit Appeals. Mr. 
English went on to say that the handcrafted definition does not 
pertain to "who does what," that if he came before the Committee 
alone, then the definition would apply. However, he said, under 
Section 1 (d) of Ordinance 41-83, there is provision for "two or 
more persons jointly engaged in the creation or production of an 
art or craft item"; and Section 4 specifies "that the art or craft 
item for which the applicant seeks certification is his or her 
own creation or those of his or her family unit." Mr. English 
said that two people cannot work on the same aspect of the piece, 
no more than two people washing a car should wash the same fender. 
He also stated that his work is copyrighted, and that, under Federal 
law, he is not obligated to teach or to show anyone how to make 
his craft. According to his attorney, he said, that was sufficient. 

Commissioner Hanson asked Mr. English to demonstrate the making of 
his craft - specifically, what part he works on and what part Mr. 
Schaffer would work on. Mr. English said that, because he had not 
brought his board, he could only deomonstrate the last half of 
creating the item. He demonstrated reducing the wire "global" 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 16 , 1987 Minutes Page 3 



shape to its appropriate size for an arm bracelet. It became small 
enough to be closed; the next step was the insertion of a "twisting 
tool" to tie up the ends. The item, he said, could now be sold 
as a bubble bracelet, or as a bangle, or as a ball. He added that 
what Mr. Schaffer would do - the tieing of the ends - takes as 
long or longer than the weaving of the item itself. 

Advisory Committee members Ed Poskus and Sherri Miller showed the 
Commissioner the photos in Mr. English's file of his screening. 
Mr. Poskus stated that his Committee had concluded that all Mr. 
Schaffer was doing was tieing up the ends of the bracelets. 

Mr. English stated that, prior to attempting to add Mr. Schaffer 
as a family unit member, another street artist, Patricia Flynn, had 
been approved by the Advisory Committee as a unit member performing 
the same step that Mr. Schaffer would be doing. Mr. English said 
that the Arts Commission had received criticism about the numbers 
of members in various family units, and that the Advisory Committee 
was responding to the issue by looking for any reason available 
to turn down unit-member applicants. 

Mr. Poskus said that his Committee had asked Mr. Lazar to notify 
the other unit member, Ms. Flynn, to return at a screening for 
re-consideration or further verification of her role in the 
production of the craft. He went on to say that his Committee 
did not feel that Mr. Schaffer was predominantly altering the item; 
rather, it was as if the item had been given to him - like a kit - 
and he was asked to finish it. His Committee had suggested that 
Mr. English have both Mr. Schaffer and Ms. Flynn return and 
demonstrate making the piece from beginning to end, which would 
give the Advisory Committee greater reason to view the two unit 
members as a part of the creative aspect of the craft. 

Advisory Committee member Sherri Miller said that Mr. Schaffer's 
role in sizing the bracelets and tieing their ends was no different 
than the role of someone who merely punches holes in someone else's 
created belt in order to fit a customer's waist. 

Commissioner Hanson said to Mr. English that while he had created 
the design, the people he was allowing to work on the items were 
not involved in the creation of the items but were fulfilling the 
role of an assistant. While the "assistant" performed half the 
work in terms of time, Commissioner Hanson did not feel that the 
time element pertained to the creation of the items. 

Mr. English said he kept the creation part a secret, under the 
advice of his attorney. While he could teach his two unit members 
how to weave the design, which would satisfy the Advisory Committee, 
his attorney had said he did not have to do so, that he was protected 
by Federal law, and that it was bad business to show people how to 
make the craft . 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 16, I987 Minutes ■ Page k 



Commissioner Hanson interpreted the spirit of the definition of 
"family unit" as members being equal in the design input and partners 
in the creation of the item. 

Advisory Committee member Ed Poskus said that if Mr. Schaffer were 
to add another element to Mr. English's piece, as, for example, beads, 
this would be a way for him to fulfill the requirement of significantly 
altering the form of the item. Program Director Lazar stated that, 
another way of fulfilling the requirement would be if Mr. Schaffer 
was involved in the weaving of the item. 

Commissioner Hanson summed up three ways in which Mr. Schaffer could 
comply with the definitions and be certified as a family unit member: 
(l) Demonstrate proficiency in making the entire craft; (2) Partici- 
pate in the weaving aspect of the craft; or (3) Add his own element(s) 
to the craft - for example, add paint, or add beads. The Commissioner 
asked Mr. English if he would be agreeable to any of these courses. 

Mr. English stated he would not be, that the first two courses were ' 
advised against by his attorney, and the third course would change 
his craft. 

Commissioner Hanson said she would recommend to the full Commission 
that the Advisory Committee's recommendation to deny Mr. Schaffer 's 
certification as a unit member be upheld. She invited Mr. English 
to come to the Commission meeting and present his case, and informed 
him that the meeting would be held on the first Monday of July - 
July 6th - at 3^00 p.m. in the Commission Room of the Main Library. 
(Mr. English wrote it down.) 



IV HEARINGS ON ALLEGED VIOLATIONS 

A. Fernando Hechavarria (Certificate #30^5). (On May *t, 1987, the Arts 
Commission resolved that Mr. Hechavarria, who had been charged with 
attempted assault, be required to submit to the Program Committee, 
at its meeting of June 16th, a written statement from a physician 
that he was in an ongoing medical treatment program aimed at stopping 
violent seizure behavior; should he fail to produce such statement, 
his certificate would be revoked.) Mr. Hechavarria told Commissioner 
Hanson that he did not have the statement with him, that his doctor 
had given it to him, and he, in turn, had given it to his attorney 
who was not present. During the meeting, he had gone to the attorney's 
office, but the attorney was not there. 

Commissioner Hanson directed Mr. Lazar to call the attorney tomorrow 
and request a copy of the letter; if the attorney refuses to furnish 
it, she said, Mr. Lazar should call San Francisco General Hospital 
for a copy. The matter could then be taken up at the Committee's 
next meeting or at a special meeting. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 16 , 1987 Minutes- Page 5 

B. Terry Harms (Certificate #2925). As the meeting had used up its 
scheduled time allotment , Commissioner Hanson stated that the 
hearing on Terry Harms' alleged violations would be put over to 
the next meeting. 

The meeting adjourned at 5 ; 00 p.m. 

Respectfully submitted: 



Howard Lazar ^ 




SP 

A70.7? 
* 2 



Hyde Street 
ite 319 

n Francisco, CA 94102 
5 558 3463 



SF CUl ■ Duf^u 



STREET ARTISTS PROGRAM COMMITTEE 

' ■■■■-! 

Wednesday, September 9, 1987 - 3:30 
Main Library-Civic Center p.m. 
Lurie Room (ground floor) 
Larkin and McAllister Streets 
San Francisco, California 



NOTE: day_ and date 
of meeting 



AGENDA 



HEARING ON ALLEGED VIOLATIONS 



\YOR 

anne Feinstein 



A. June Richard - Certificate #2608. Alleged violations: (l) Assault; 
(2) Improper conduct of business. 



3MMISSIONERS 
:queline Nemerovski 
ssident 

ibert LaRocca 
ce President 

irnon Alley 
nothy Duncan 
inley Eichelbaum 
Hanson 
illiam Paterson 
na-Marie B. Metwally 
?orge T. Rockrise 
ter Rodriguez 
selyne C. Swig 
lix M. Warburg 

OFFICIO MEMBERS 

?sidents of the 
■e Arts Museum, 
.rary Commission, 
nning Commission, 
creation and Park 
mmission 



SECTOR 

ire N. Isaacs 



II PROGRAM DIRECTOR'S REPORT ON CITY ATTORNEY OPINION RE: PROGRAM USAGE 

OF UNUSED CERTIFICATE FEES; HEARING ON NEW CERTIFICATE FEE 

III RECOMMENDATION FROM ADVISORY COMMITTEE OF STREET ARTISTS AND 

CRAFTSMEN EXAMINERS: POLICY ON EXAMINING "DECORATED APPAREL" 
(SILKSCREENED, PAINTED, APPLIQUED , ETC., CLOTHING) 



IV APPROVAL OF NEW MEETING DAY FOR STREET ARTISTS PROGRAM COMMITTEE: 
2ND WEDNESDAY OF THE MONTH 



NEW BUSINESS 



DOCUMENTS DEPT. 

SEP 2 1987 

SAN FRANCISCO 
PUBLIC ubpapX- 



ft* 



A7C7S 



Hyde Street 
e 319 

Francisco. CA 94102 
558 3463 



NOTE: 

NEW LOCATION 



Of - ' 



h CftfH^L 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, October l*f, 1987 

3:30 p.m. "^ 

Dept. of Public Health Building 

101 Grove Street (at Polk Street) 

Room 300 (auditorium) 

San Francisco 



VOR 

nne Feinstein 



MMISSIONERS 
^ueline Nemerovski 
sident 

jert LaRocca 
e President 

non Alley 

lothy Duncan 

nley Eichelbaum 

Hanson 

lliam Paterson 

la-Marie B. Metwally 

orge T. Rockrise 

er Rodriguez 

;elyne C. Swig 

x M. Warburg 

OFFICIO MEMBERS 

sidents of the 
> Arts Museum, 
kary Commission, 
lining Commission, 

!Teation and Park 
amission 



AGENDA 



I HEARING ON CITY ATTORNEY OPINION RE: PROGRAM USAGE OF UNUSED 

CERTIFICATE FEES; HEARING ON NEW CERTIFICATE FEE 

II HEARING ON ALLEGED VIOLATIONS 

A. June Richard - Certificate #2608. Alleged violations: 
(l) Assault; (2) Improper conduct of business. 



III REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Bruce Marten - request for postponement to July, 1988. 

B. Lou Kessler - request for postponement to August, 1988, 

IV NEW BUSINESS 



ECTOR 
ire N. Isaacs 



DOCUMENTS DEPT. 

SEP2 81S8? 

SAN FRANCISCO 
PUBLIC LIBRARY 



•*%* 




SP 
A70, IS 

« 2 



5 Hyde Street 

uite 319 

an Francisco, CA 94102 

15 558 3463 



1AYOR 

lianne Feinstein 



OMMISSIONERS 
icqueline Nemerovski 
resident 

obert LaRocca 
ice President 

ernon Alley 
imothy Duncan 
.anley Eichelbaum 
> Hanson 
/illiam Paterson 
nna-Marie B. Metwally 
eorge T. Rockrise 
'ster Rodriguez 
3selyne C. Swig 
:lix M. Warburg 

( OFFICIO MEMBERS 

esidents of the 
ne Arts Museum, 
Drary Commission, 
anning Commission, 
;creation and Park 
jmmission 



S& COJi Cfw-c^< 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, November 23, 19^7 
3:30 p.m. 

Main Library-Civic Center 
Lurie Room (ground floor) 
Larkin and McAllister Streets 
San Francisco, California 



AGENDA 



DOCUMENTS Q&r? % 

V 3 13S7 

PUBUO UBRARY 



II 



HEARING ON ALLEGED VIOLATIONS 

A. June Richard - Certificate #2608. Alleged violations: 

(l) Assault; (2) Improper conduct of business, (hearing 
continued from 10/1 V8 7) 

REQUEST BY PROGRAM DIRECTOR FOR SUPPLEMENTAL APPROPRIATION OF 
$if,000 FROM UNUSED CERTIFICATE FEES FOR HALF YEAR OF OFFICE 
RENT, INCLUDING MOVING COST 



III REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Bruce Martin and Andolie Williams - request for postponement 

to July, 1988. 

B. Lou Kessler - request for postponement to August, 1988. 



IV NEW BUSINESS 



RECTOR 
aire N. Isaacs 



v^r 



2*X 



A70.-7S 



Hyde Street 
e319 

Francisco, CA 94102 
558 3463 



fOR 

ine Feinstein 



V1MISSIONERS 

|ueline Nemerovski 
ident 

ert LaRocca 
1 President 

ion Alley 
3thy Duncan 
ley Eichelbaum 
anson 

iam Paterson 
a-Marie B. Metwally 
rge T. Rockrise 
r Rodriguez 
dyne C. Swig 
M. Warburg 

OFFICIO MEMBERS 

dents of the 
Arts Museum, 
ry Commission, 
ling Commission, 
eation and Park 
mission 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, February 2k , 1988 
3:30 p.m. ~~ 

Main Library-Civic Center 
Lurie Room (ground floor) 
Larkin and McAllister Streets 
San Francisco, California 

AGENDA 



DOCUMENTS DEI 

.* % 8 1983 

SAN hKANCISCO 
pi im.10 » iroaov 



I REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Jean B. Walters - requests postponement to summer, I989. 

B. Charles P. Rathbone - requests postponement to February, 1989- 

II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Joann Black - request from husband Jerry Black received 9/8/87; 
hearing rescheduled from 1/13/88. 

III REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Sandra Blenio - Certificate #1527 expired (prior to) I98O; 
request for priority received December 9i 1987; hearing 
rescheduled from 1/13/88. 



CTOR 
^ N. Isaacs 



IV APPEAL OF ADVISORY COMMITTEE FINDINGS 

A. Edward Steneck (Certificate #2*f89) and Sharon MacDougall 
(Certificate #121) - appeal of 8/23/87 finding by Advisory 
Committee of disapproval of artists' usage of commercially 
manufactured pendants in beadcraft. 



V PROPOSAL FOR AMENDMENT TO CERTIFICATE RENEWAL POLICY 

The following proposal was submitted under "NEW BUSINESS" at the 
1/13/88 Street Artists Program Committee meeting: "Any certificate 
renewed after the expiration date shall be valid for the 
appropriate time period commencing from the date of payment of 
the renewal fee." 



VI NEW BUSINESS 




A70.7S" 



Hyde Street 
ite 319 

n Francisco. CA 94102 
5 558 3463 



STREET ARTISTS PROGRAM COMMITTEE 

April 13, 1988 

Main Library-Civic Center 

Commission Room 

Larkin and McAllister Stree1|yQCUMENTS DEPT. 

San Francisco, California 

MAY 18 1988 



MINUTES 



SAN FRANCISCO 



Commissioners present: Hanson 



VfOR 



Art Agnos Commissioner Hanson, Chair, called the meeting to order at 3 : 35 p.m. 



DMMISSIONERS 

rqueline Nemerovski 
ssident 

>bert LaRocca 
ce President 

rnon Alley 
nothy Duncan 
inley Eichelbaum 
Hanson 
illiam Paterson 
na-Marie B. Metwally 
•orge T. Rockrise 
ter Rodriguez 
selyne C. Swig 
'lix M. Warburg 

OFFICIO MEMBERS 

?sidents of the 
e Arts Museum, 
•rary Commission, 
nning Commission, 
creation and Park 
mmission 



I RECTOR 
hire N. Isaacs 



I REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Joann Black . Program Director Lazar stated that he had met 
with Mr. and Mrs. Black and that they withdrew their request. 

II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Alden Paez - Certificate #3^01 expired March 2, 1988; his 
request for priority was received by the Program on April 5, 
I988. Commissioner Hanson stated that she would recommend 
to the full Commission that Mr. Paez's request be approved. 

III REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. George Boucher - request received by Program on April 8, 1988 
for postponement of Mr. Boucher's screening until May, 1989. 
Commissioner Hanson stated that she would recommend to the 
full Commission that Mr. Boucher's request be approved. 

IV CERTIFICATE FEE FOR 1988-89 BUDGET 

Mr. Lazar referred the Commissioner to his memo which stated that, 
according to the staff's recent count of street artists, there 
were presently 566 artists in the Program - an increase over an 
earlier estimate of 500 - and that he was recommending the fee 
of Proposal III of six proposals he had drafted for increasing 
the fee. Proposal III reflected an annual fee of $198 ($38 above 
the present fee). The proposal (a) did not include the cost of 
office rent; .(b) it utilized $7,000 from $20,000 of remaining 
unused fees (after 1987-88 budget usage) in order to offset the 
budget; (c) it left a balance of $13,000 unused fees for 1989-90; 
(d) it maintained the present number of street artists at 566; 
and (e) after there being no increase in fee for the past three 
years, the proposal increased the fee moderately by $38. The 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - April 13, 1988 Minutes Page 2 



usage of $7,000 - or roughly a third -of the unused fees accumulated 
since 1978 was based on the advice from the Controller's office to 
keep a balance of reserve money for emergency purposes. 

Commissioner Hanson asked what guarantees there were to prevent the 
City from taking the unused fees money, as the City was looking for 
all the funds it could take money from. Mr. Lazar answered that, 
according to the City Attorney's office, the Street Artists Program 
fund, being a special fund, could not be part of the General Fund. 
Also, he said, it had been clarified that a special fund for an 
agency which issues permits could only be used by the agency to 
support the costs of issuance of the permits and could not be used 
for General Fund purposes. 

Street Artist William Clark stated that, since the Program had the 
reserved (unused fees) money, the Program should use up all of this 
money in order to keep the fee as low as possible. According to 
his research, he said, when there is an unemcumbered balance in the 
special fund at the end of the year, and if the City has a deficit, 
the City may borrow that money from the Program's fund with the 
intent to pay it back in six months - which, under the present 
situation, may not be likely. Therefore, if the street artist money 
were diverted from its special fund, the fees could be raised even 
higher. Because of the seriousness of the situation, Mr. Clark 
requested that the Commission seriously consider spending all of 
the reserve money to offset the budget. 

Street Artist Linda Stark agreed with Mr. Clark, citing the present 
situation of the City. She further stated that the Program used to 
have a great number of people who did not sell but who would hold 
onto their permits because it was inexpensive "insurance" for the 
year whenever they needed to go out and sell. As the fee goes up, 
however, Ms. Stark said that more and more of these people who "had 
been taking a back seat" will start to drop out of the Program and 
will, in turn, be replaced by newcomers who will take an active role 
in the Program, participating in the lotteries for selling spaces 
and "creating a tremendous crush on the spaces." The Program, she 
said, already has more people who have become active, and the present 
situation is "almost impossible" with every space on the Wharf being 
used now in the months of March and April. What will happen during 
summer? Ms. Stark added that, given the choice of a slightly increased 
fee or having more people in the Program, most of the artists she had 
spoken to have told her they preferred paying an increased fee; but this, 
she said, creates the problem of more inactive people dropping out as 
the fee increases. Since the Program does not have the authority to 
postpone screenings or institute a moratorium on the issuance of 
permits, Ms. Stark stated her concern that the fee increase be kept 
low enough to retain those artists who could afford to hang onto 
their permits for "insurance" and not sell at this time, and also 
that it be kept low so that the Program would not be forced into 
a position of having to screen extra people to make up for a deficit. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - April 13, 1988 Minutes Page 3 



Street Artist Dennis Klein referred to the Program's recent "atrition 
list" of artists who had relinquished their permits from September, 
I987 through February, 1988; Mr. Klein had combined this list with 
the previous four lists, which had yielded a total of 103 dropouts. 
He said he found that 70 of these were so-called "inactive" artists 
in the past two years, and in the past year there were only two people 
out of the 103 names who were active. He recommended that the Commission 
adopt Mr. Clark's and Ms. Stark's proposal to spend all of the reserve 
money to offset the budget and thereby not put the Program under 
pressure to screen more people. 

Mr. Clark submitted his copy of Mr. Lazar ' s fee proposals as amended 
with numbers written in by Mr. Clark, reflecting usage of the entire 
reserve of unused fees. 

Ms. Stark stated that many people had submitted ideas to hear on cutting 
Program costs. One suggestion, she Said, was to change the renewal 
procedure to have all artists renew at the same time of the year, pro- 
rate the permits, which would not require all the present office time 
for issuance or renewals; temporary part-time help could be hired for 
the month to handle issuance of all permits. Another proposal was to 
have a monthly or bi-weekly screening day and have the permits pro- 
rated; another proposal was to give all permits to the Art Inspector 
to take to the office for renewing which, according to the proposal, 
would trim the office hours. To this proposal, Mr. Clark stated that 
the City Charter provided that all offices be open five days a week 
all day. Another proposal, Ms. Stark said, was to have an answering 
machine to handle informational calls - this would cut down on per- 
sonnel. 

Commissioner Hanson said the Commission would look at all these pro- 
posals; however, she wanted the artists to know "that if ever an agency 
was overloaded, it's the Arts Commission, and there is no way to dump 
more work on these people who are already doing the work of two people, 
every one of them." 

Mr. Clark said that, given the amount of money available to the Program, 
he wanted to see a low fee and retention of the same personnel. He 
stated further that if all the reserve money were used by the Program 
and there was a later need for money to cover an expense, there was 
no reason why the Program. could not go to the Board of Supervisors and 
request a supplemental appropriation. He said that he had worked hard 
to make sure that the money was found so that it could be used. 

Mr. Lazar clarified the advice given by the Controller to departments 
is to keep a reserve amount to cover roughly one month's operational 
expenses. Mr. Lazar had asked the Controller's office whether his 
proposal to use a third of the reserve money was prudent; the Control- 
ler's office had assured him that it was prudent and in keeping with 
the advice given to all departments. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - April 13, 1988 Minutes Page h 



Commissioner Hanson clarified with the Program Director that to raise 
the fee would require a vote of the Board of Supervisors and not a 
vote by the electorate. All that the Arts Commission had to do was 
to submit a report/recommendation to the Controller as to what the 
fee should be in order to support the costs of the Program, no more 
nor less. The Controller than send his recommendation to the Super- 
visors. The Arts Commission requests the City Attorney to draft 
legislation providing for a new fee, and this is then taken up by 
the Supervisors. 

Mr. Lazar clarified the reasons for the accumulation of the reserved 
unused fees: the years when the staff was temporary, and the Program 
not having to cover the costs of benefits; the years when the staff 
salaries were funded entirely by Federal EEA and CETA money; vacancies 
in certain staff positions, as the Art Inspector and the Certification 
Clerk (salary savings); savings in compensation for the Advisory 
Committee members who did not attend meetings. 

Mr. Clark asked that the Program consider staggering the Advisory 
Committee members per meeting so as not to always have the full 
compliment of five members, but perhaps to have three - this would yield 
a savings. 

Mr. Lazar clarified that there would be a savings from the present 
year due to the fact that the Inspector's position had gone unfilled 
for nearly three months and the fact that the Advisory Committee had 
been without two members. 

Ms. Stark spoke of the problem of the time-gap in replacing a dropout 
with a newcomer - nearly a month and a half - which results in the 
Program either under-screening or over-screening applicants. Ms. 
Stark proposed a pre-screening to determine the number of new people 
who would be imminent in obtaining permits. She also pointed to the 
necessity of having more thorough screenings, more participation of 
Advisory Committee members on the streets (the committee, she said, did 
not seem to be in touch with the day-to-day workings of artists on 
the street), and the possibility of qualified street artists to be 
at screenings, offering advice to the Advisory Committee. Mr. Lazar 
responded that the door has always been open for this - but that it 
was seldom that artists would give their time away from selling to 
be at a screening. Ms. Stark said that artists would participate if 
they could receive compensation. She added that her Liaison Committee 
was working on a questionnaire to give to the artists, one of the 
questions being what the number of artists in the Program should be. 

Commissioner Hanson said that she wanted understanding as to the 
reality of available converted space for the Program within the offices 
of the Arts Commission; not having to pay for rent would have a sig- 
nificant effect on the Program's budget. Further discussion on using 
more or all of the reserve money should be held at the next Program 
Committee meeting. She also stated that she had not re-applied to 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - April 13, 1988 Mil. 

continue as an Arts Commissioner. This, she said, will mean 
Commissioners on the Program Committee will not have had as muc. 
experience as she has had with the Program, and would be a good op 
portunity to have a more active role of the Street Artists Liaison 
Committee, integrating it more with the Program Committee. She called 
for a timely submittal of proposals for this at the next Program Com- 
mittee meeting. The Committee's continuity, she said, is going to 
rely on the street artists and on the Program Director. 

Both Mr. Klein and Ms. Stark noted that some artists who drop out of 
the Program submit, and are granted, requests to obtain new permits 
without having to go to the end of the waiting list. This is due to 
the Commission's policy to consider those cases who submit their 
requests within three months after the expiration of their permits. 
These former certificate-holders then become added to the number replacing 
the dropouts. Ms. Stark asked that the Commission consider allowing 
three months to pass after a certificate expires, before counting the 
artist out. 

Mr. Lazar responded that the Program could delay counting an artist out 
for three months but the Program would have to avoid dropping behind 
the required amount of fee collection. Ms. Stark asked that Mr. 
Lazar check into the possibility of screening people and having them 
wait in the wings for a time when they may be permitted to purchase 
their permits - that is, when they replace people who, after three 
months, are finally counted out of the Program. 

Mr. Clark asked that the Commission resolve at its meeting in May to 
spend all of the reserve funds and then later decide on whether to 
pay or not to pay for office rent. 

Commissioner Hanson noted that it was the position of the artists 
present that all the reserve money be used to offset next year's budget. 
She said that she felt the Program should use the money substantially, 
and that the reason she was not saying to use it up entirely was that 
she wanted to hear from Commission Director Claire Isaacs. She felt 
this matter should be calendared under "Committee Report" for the May 2nd 
Arts Commission meeting, that the artists should come to the meeting to 
speak on the issue, and that the Commission should resolve to use the 
reserve money either substantially or entirely. 

Mr. Lazar stated that if all the reserve money were used for the up- 
coming year, the fee for the following year (1989-90) would simply 
be re-adjusted without the benefit of reserve money to offset it. 
If the Program did not have the reserve, the fee would have already 
been re-adjusted. 

Commissioner Hanson proposed that she and Mr. Lazar speak with Director 
Isaacs and arrive at a recommendation for using the reserve money either 
substantially or entirely. 



Continued. 



S TREET ARTISTS PROGRAM COMMITTEE - April 13, 1988 Minutes Page 6 



Mr. Klein stated that he did not think that the artists would have a 
problem with having to pay $7,000 for office space for the Program. 
Commissioner Hanson stated that, before abandoning the idea of paying 
for office rent, her Committee should look into the progress of the 
proposal to restructure the Arts Commission suite, providing for meeting 
room space within the suite. 

Ms. Stark stated that it was a suggestion of the Liaison Committee that 
if new office space for the Program is to be found, it be where the 
Program could be more accessible to the artists - as at Fisherman's 
Wharf. 

Commissioner Hanson stated that it would be worthwhile to find corporate 
space that could be offered as pro bono rent. 

V NEW BUSINESS 

Mr. Lazar referred to a request recently received by the Program to 
allow a husband to put into the lottery his wife's number on occasions 
when, due to her pregnancy, she would be unable to attend the lottery. 
Mr. Lazar asked that both the Liaison and the Lottery Committees consider 
this matter and its effect, as a precedent, on the rest of the Program. 

The meeting adjourned at 5-00 p.m. 

Respectfully submitted: 

Howard Lazar 






SP 

MO. IS 
* i 
s/u/n 



45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 



MAYOR 
Art Agnos 



STREET ARTISTS PROGRAM COMMITTEE 

May 11, 1988 

Main Library-Civic Center 

Commission Room 

Larkin and McAllister Streets 

San Francisco, California 



MINUTES 



DOCUMENTS DEP1 

AY 2 6 1988 



Commissioners present: Hanson 



Commissioner Hanson, as a Commit tee-of-One, called the meeting to 
order at 3^2 p.m. 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



I CANDIDATES FOR TWO POSITIONS ON ADVISORY COMMITTEE OF STREET 

ARTISTS AND CRAFTSMEN EXAMINERS 

Commissioner Hanson reviewed the list of candidates which had 
been submitted by Program Director Lazar; these people had 
been interviewed by Commissioner Hanson and Mr. Lazar. The 
Commissioner stated that she would recommend to the full Arts 
Commission that the following persons (ranked in order of 
preference) be submitted as candidates for the Mayor's selection 
for two positions on the Advisory Committee: 

For the position currently occupied by Mathew Porkola 
(new term to run from November 27, 1987 - November 27, 
1989) : 

1. Mathew Porkola (incumbent) - leathercraft artist 

2. Josie Grant - painter; printmaker; teacher 

3. Jonathan Fisher - photographer; teacher 

For the position vacated by Sherri Miller 

(new term to run from November 27* 19&6 - November 27, 

1988) : 

1. Josie Grant - painter; printmaker; teacher 

2. Jonathan Fisher - photographer; teacher 

3. Gay Roche - printmaker; painter. 

II RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE 

A. Questionnaire/Survey on Ballot Proposals. Art Inspector Wallace 
Brown explained that Liaison Committee Members Linda Stark and 
Dennis Klein had developed a questionnaire/survey to distribute 
to all street artists to see if they wish to go to the ballot 
for possible improvements of the Program. The survey, he said, 
will ask questions like "What is it that you would like to 
change in the Program?" "Do you want some mechanism to slow 
down the rate of licensing?" (this question, he said, due to 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - May 11, I988 Minutes Page 2 



the influx of new licenseholders at the lotteries, causing a "crunch" 
for spaces) . Commissioner Hanson ascertained that the Liaison Com- 
mittee was looking for a way to rationalize procedures, in fairness 
to everyone involved, so that all artists in the Program would have 
reasonable opportunity to make a living. The Commissioner added 
that this report on the Liaison Committee's survey required no action 
by the Commission at this time. 

B. Amendment to Noon-Rule (space assignment) Procedures. Mr. Brown in- 
formed the Commissioner that this amendment had been approved for 
recommendation to the Commission by the Liaison Committee on April 
27, 1988. Commissioner Hanson stated that she would recommend to 
the full Commission that the amendment be approved. 

III REQUEST FROM FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Weston Rose - Certificate #3^0^ expired March 9, 1988; Mr. Rose's 
request for priority was received by the Program on April 21, 1988. 
Commissioner Hanson said that she would recommend that the Commis- 
sion approve Mr. Rose's request. 

IV NEW BUSINESS 

Leavenworth Street/Portrait Artist Spaces. Street artist Keith Donube 
submitted a letter-statement on behalf of portrait artists who work 
in the spaces on Leavenworth Street; the letter countered a petition 
submitted by other artists to incorporate the Leavenworth spaces into 
the main Wharf Lottery. Mr. Donube stated that the petition was seeking 
to destroy the tradition on portrait artists on Leavenworth Street. 

Art Inspector Wallace Brown clarified that, at the present time, portrait 
artists could enter the main Wharf Lottery (as well as their own for 
Leavenworth Street), while the other street artists could not enter the 
Leavenworth Street lottery which was reserved exclusively for portrait 
artists and cartoonists. Mr. Donube corroborated this by saying that 
the Leavenwirth lottery had been designed to rule out other crafts and 
preserve the Leavenworth spaces for portrait artiste because of the 
lighting and weather conditions in that area. 

Mr. Brown stated that there were three sketch artists who routinely 
enter both the Leavenworth and Wharf lotteries, and there was a set 
group of sketch artists who enter only the Leavenworth lottery. Mr. 
Donube, he said, belonged to the latter group. Commissioner Hanson 
ascertained that the artists who enter both lotteries are able to do 
so because the lotteries occir at different times. The Commissioner 
suggested that a possible solution would be for both lotteries to 
occur at the same time. Mr. Donube answered that his group was indeed 
requesting that their lottery be changed from 9 00 a.m. to 9:00 a.m. 
(the time of the Wharf lottery) so that artists would have to choose 
between the two lotteries. He said his group was also seeking the 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - May 11, 1988 Minutes Page 3 



preservation of the tradition of restricting the ten Leavenworth Street 
spaces to portrait artists exclusively. 

In answer to Commissioner Hanson's question, Mr. Donube said there were 
five portrait artists presently working and there would be a few others 
showing up on Leavenworth Street by summer. Mr. Brown stated that these 
artists were able to get their Leavenworth spaces almost one hundred 
per cent of the time. Mr. Donube stated that his group would be willing 
to relinquish the last five spaces of Leavenworth Street to other 
artists, after the first five spaces would be chosen by the portrait 
artists. Mr. Brown corroborated this by saying there is almost always 
four spaces on Leavenworth Street that are not used. 

Commissioner Hanson noted that most street artists produce their work 
at home or in a studio, whereas the portrait artists produce their 
work in their street spaces. She noted further that when an artist's 
income is due to portraits, the artist cannot build up an inventory. 
She stated that she was sympathetic to maintaining Leavenworth Street 
as a portrait artist area so that tourists would know where to go for 
portraits. It was unfortunate, she said, that it is usually the case 
that a newcomer does not know where to find an artist doing a particular 
craft on a certain day. It seemed legitimate, she said, to keep the 
portrait artists in a predictable area. She felt that the Liaison 
Committee should be asked to consider the issue and attempt to reach 
an agreement with the portrait artists. She did not favor recommending 
anything to the Commission at the present time. She recommended that 
the issue be discussed at the next Liaison Committee meeting and 
the next Program Committee meeting, with recommendations from the 
Liaison Committee and the Program Director. 

The meeting adjourned at ^:10 p.m. 

Respectfully submitted: 

Howard Lazar ** 

Director, Street Artists Program 





A70.75 






r 






45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 



MAYOR 
Art Agnos 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



NOTE : New day of 
meeting for 
this month. 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, June 21, 1988 
3:30 p.m. 

Main Library-Civic Center 
Larkin and McAllister Streets 
San Francisco, California 



AGENDA 



HEARING ON ALLEGED VIOLATIONS 



jun z % ms 

.16 URRAPV 



A. Charles Crawford - Certificate # 3103- Alleged violations: 
(l) Obstruction of duty and performance of staff (Advisory 

Committee) ; 
(2) Conduct of business in disorderly, improper and 

hazardous manner. 

II REQUESTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Sultana Chisti - approved by Advisory Committee of Street 
Artists and Craftsmen Examiners on March 31 1 1988, but 
failed to obtain certificate within ten-day period after 
screening, as per Arts Commission policy. 

B. John F. McKenna - applied November 13, 198^, was notified 
for screening in July, 1987 but did not appear; requests 
to be screened next month. 

III REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 



DIRECTOR 
Claire N. Isaacs 



A. Oscar Vargas - Certificate # 3101 expired December 2^, I986; 
request for priority in issuanceof (new) certificate received 
by Program on June 6, 1988. 



IV 



REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 



A. Patricia LaCava - requests postponement of screening until 
February, I989. 

V REQUEST BY STAFF FOR AUTHORIZATION TO DESTROY RECORDS (FILES) 

OF FORMER CERTIFICATE-HOLDERS WHOSE CERTIFICATES EXPIRED 
FIVE (5) YEARS AGO OR LONGER 

VI APPEAL HEARING BY DENNIS BUSTILLOS ON ADVISORY COMMITTEE'S 

CONDITIONS FOR APPROVING RAOUL NERI AS A FAMILY UNIT MEMBER 




VII 



// 



NEW BUSINESS 




A70, 75" 



SM4SI 



'-7 , 



S&JXrt ,>o 



STREET ARTISTS PROGRAM COMMITTEE 



45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 



Tuesday, July 19, 1988 
Main Library - Civic Center 
Commission Room 
San Francisco, California 



M 



N U 



E 



DOCUMENT* *>&% 

JUL 3 8 *88 

runlet MBR.W- 



MAYOR 
Art Agnos 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Stanley Eichelbaum 
|o Hanson 
William Paterson 
Anna-Marie B. Metwally 
Ceorge T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Zlaire N. Isaacs 



Commissioners present: Hanson, Metwally 

Commissioner Hanson, Chair, called the meeting to order at J>:kZ p.m. 

I RECOMMENDATIONS FROM LOTTERY COMMITTEE AND STREET ARTISTS LIAISON 

COMMITTEE 

Program Director Lazar reported that both the Lottery and Liaison 
Committees wanted to re-consider, and possibly amend, their 
recommendations regarding the "noon rule" and other space-assign- 
ment procedures. The Liaison Committee wished to temporarily 
withdraw their recommendations from the Program Committee agenda. 

II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

Rebecca Wolford - applied December 27, 198^+; was notified on 
August 3, 1987 for screening but did not respond; her request 
for priority was received by Program on June 2.h y 1988. Commissioner 
Hanson moved that Ms. Wolford' s request be approved; the motion was 
seconded by Commissioner Metwally and unanimously approved. 

III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Oscar Vargas - Certificate #3101 expired December 2*+, 1986; 

his request for priority is issuance of certificate was received 
by Program on June 6, 1988. (hearing continued from June 21, 
1988) The Program Director stated that Mr. Vargas had written 
that he had had to give up his permit because of problems in 
both his feet, that he had been in so much pain that he could 
not sleep, and that in February of 1988, he had undergone 
surgery. This was supported in a letter from Mr. Vargas' 
doctor. Commissioner Hanson asked Mr. Vargas why he had not 
contacted the Program office from the time he left the Program 
to the present time. Mr. Vargas said that during this interim 
he did not know whether his ailment would get better or worse; 
it was only now, after the operation, that his condition had 
improved and he felt he could be able to work as a street 
artist again. The Commissioners related this case to other, 
precedented cases of medical reasons. Commissioner Hanson moved 
to approve Mr. Vargas' request; the motion was seconded by 
Commissioner Metwally and unanimously approved. 






Continued. 



STREET ARTISTS PROGRAM COMMITTEE - July 19, 1988 Minutes Page 2 



Commissioner Hanson moved that the Program Director confer with the 
City Attorney's office as to whether the Arts Commission has the 
authority to adopt a policy to re-admit into the Street Artists 
Program any former certificate-holder who relinquished his or her 
certificate due to a medical reason; the motion was seconded by Com- 
missioner Metwally and unanimously approved. 

B. Zhenbin Feng - Certificate #2863 expired February 3, 1986; his request 
for priority was received by Program on June 2^t, 1988. Mr. Feng did 
not appear. No action was taken. The Committee asked that his request 
be re-scheduled. 

IV HEARING ON ALLEGED VIOLATION 

David Samuel - Certificate #2256. Alleged violation: assaulting former 
certif icate-holder Nicholas Quirarte (Michael Rogers); complaint sub- 
mitted by Claudia Hart. The Commissioners read a statement submitted 
by Mr. Samuel prior to the hearing. Claudia Hart, the street artist 
who had submitted the complaint, was not present; nor was Nicholas 
Quirarte, Ms. Harm's husband. 

The Committee received testimony from Street Artists Katrina Broomall, 
Craig Cassin, Linda Pedersen,David Samuel, Eunice Rodriguez, Mark Mon- 
sarrat, John Bass Dikran Knoble, and Kirk Turner. The Committee also 
heard testimony f^om Street Art Inspector Wallace Brown. (For a detailed 
summary of the testimony and. the Committee's findings, see "APPENDIX" to 
these minutes.) 

Commissioner Metwally summarized the findings, as follows: there was one 
witness who, by letter and telephone, alleged that David Samuel assaulted 
Nicholas Quirarte, but the witness was not present; there was one wit- 
ness who viewed the middle of the middle of the fight (but did not see 
who started it) ; and there were several witnesses whose testimony 
established Quirarte 's character and style of behavior with people. 
The Commissioners concluded that there was not enough evidence to 
find that Samuel had assaulted Quirarte. 

Commissioner Me ;wally moved that it be found that there was insufficient 
evidence to support the charge, and that the charge of assault by David 
Samuel be dismissed; the motion was seconded by Commissioner Hanson 
and unanimously approved. 

Commissioner Hanson moved that the Arts Commission proceed to determine 
a legal way to restrict the presence of Nicholas Quirarte from any 
street artist location, including any location where a street artist 
lottery for spaces is held, during street artist business hours; the 
motion was seconded by Commissioner Metwally and unanimously approved. 

Commissioner Hanson moved that it be the policy of the Arts Commission 
to expect street artists to walk away when violence is threatened, to 
do what is necessary to avoid violence, rather than to participate in 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - July 19, 1988 Minutes 



Page 5 



violence, this being in keeping with the Arts Commission's power to 
suspend or revoke the certificate of any street artist when, after 
public hearing, it appears that the artist was conducting his or her 
business in a disorderly, improper or hazardous manner; the motion 
was seconded by Commissioner Metwally and unanimously approved. 



The meeting adjourned at 4:50 p.m. 



Respectfully submitted 



^ J^P-\ 



Howard Lazar & 



APPENDIX 



HEARING ON ALLEGED VIOLATION 

David Samuel - Certificate #2256. Alleged violation: assaulting former 
certificate-holder Nicholas Quirarte (Michael Rogers) ; complaint sub- 
mitted by Claudia Hart. The Commissioners read a statement submitted 
by Mr. Samuel prior to the hearing. Claudia Hart, the street artist 
who had submitted the complaint, was not present; nor was Nicholas 
Quirarte, Ms. Hart's husband. 

Program Director Lazar stated that the complaint alleged that David 
Samuel attacked Nicholas Quirarte on May 1, 1988, at about 3^5 p.m., 
on Beach Street (near Hyde). Accompanying Ms. Hart's letter was a 
statement from a customer named Heidi Gibbs, which stated that she 
had observed the attack. Mr. Lazar told the Commissioners that he 
had questioned Ms. Gibbs over the telephone; his findings were included 
in the package of witness statements sent to the Commissioners prior 
to the meeting. 

Mr. Lazar ' s request to proceed with witness testimony was approved. 
He called for Claudia Hart. Street Art Inspector Brown said that he 
saw Ms. Hart in the doorway, look into the room, and then leave. Mr. 
Brown was asked to go out and find her and tell 1 her the hearing had 
begun. 

Mr. Lazar informed the Committee that his letter-request to Ms. Gibbs 
to attend the hearing had been sent back and received by the office 
that day. He telephoned Ms. Gibbs and found that she had moved and 
was unable to attend but would be available to testify at another 
time. Mr. Lazar told the Commissioners that, in the course of his 
previous telephone interview, Ms. Gibbs had stated that, as a customer 
at Ms. Hart's stand, she had not known of anything that had transpired 
between David Samuel and Nicholas Quirarte prior to the incident, and 
that she saw Samuel come up from behind Quirarte and "grab" him, and 
in an instant the two were down on the ground fighting. While she 
could not remember, Mr. Lazar said, exactly how or where Samuel had 
"grabbed" Quirarte, Samuel's act, to her, had looked aggressive "from 
his part." 

Mr. Lazar was asked to read Ms. Hart's letter-complaint. In addition 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - July 19, 1988 Minutes (APPENDIX) Page k 



to Mr. Samuel's alleged assault, it alleged to his "unprofessional 
conduct in dealing with prospective clients ..." including his allegedly 
calling a customer "a stupid nigger" because the customer allowed his 
"two year old little boy ... to relieve himself ... in the gutter 
between cars." The letter further stated that "without forewarning or 
provocation," Mr. Sanuel " 'flying tackled' Nick, tearing his shirt ir- 
reparably, and winding up on the ground in a scuffle." 

As directed by the Committee, Mr. Lazar turned to everyone in the room 
and asked if there was anyone present who supported the claim that Mr. 
Samuel was the aggressor in the incident - that is, that he attacked 
Mr. Quirarte. No one responded. 

Street artist Katrina Broomall identified the letter she had written 
to Mr. Lazar, describing Nicholas Quirarte' s behavior prior to the 
incident. Ms. Broomall told the Commissioners that she did not see 
the beginning of the fight but that, from a distance of about forty 
feet, she saw David Samuel on the ground and Nicholas Quirarte standing 
up and kicking him in the face. Prior to the incident, she had been 
set up next to Mr. Samuel when Mr. Quirarte had come up and yelled 
aggressively to Samuel to come down to the beach, that he was waiting 
for him to settle their differences; at that point, Ms. Broomall said, 
Samuel turned to her and said he was not interested in fighting Quirarte. 

Commissioner Hanson asked Ms. Broomall if she had ever observed any kind 
of the alleged rudeness by Samuel to customers. Ms. Broomall answered 
that she did observe the incident related in Ms. Hart's letter but that 
Ms. Hart's description was "inaccurate": first of all, the little boy 
had relieved himself in the bushes, not in the gutter; secondly, he was 
more than two years old; and thirdly, there was a confrontation in that 
Samuel told the man that his child should be taken to the bathroom, and 
not in the bushes; but "at no point" did Samuel call the man "a nigger." 

Street Art Inspector Wallace Brown related the contents of his written 
report. On the day of the incident, Mr. Brown was at the Wharf, but 
he did not observe the fight. Prior to the incident, at approximately 
1:15 - 1:30 p.m., Mr. Brown left Hyde Street and came to Beach Street 
to commence inspecting displays. As he approached the display of Mari- 
Ellen Rowe, Ms. Rowe saw him and grabbed the tarp displaying her 
jewelry, folded it up, and threw it on the ground. He asked her to 
open it up. She told him she was in a hurry to leave. At this point, 
Nicholas Quirarte, who was behind Claudia Hart's display (in the next 
space), immediately started calling Brown a "police pig ... picking on 
this poor lady, trying to stop her from making a living ..." and that 
Brown had "busted him" (Quirarte) "to take his license because he hit 
a drug dealer in the mouth ..." Brown said that Quirarte "got right 
in my face", yelling loudly, and that the only way he could avoid 
getting into a physical fight with Quirarte was to walk away. Mr. 
Brown had not been able to see what Ms. Rowe was selling. Quirarte 
followed him a distance of three displays, and Brown walked away. Later 
on when Brown was at the end of the line of displays (Beach #4? space), 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - July 19, 1988 Minutes (APPENDIX) Page 5 



Quirarte accosted him again and told him he should be working with him 
to get his license back, that they were both veterans. Quirarte then 
started to yell that street artist A. B. Petrow was a drug dealer, pointed 
at another artist, Rick Rochlin, and screamed at him repeatedly: "You 
were addicted by this guy" - until Mr. Rochlin said that he had been 
addicted. The only way that Mr. Brown could get away from Quirarte was 
to go across the street whereupon he caught the bus to Taylor Street. 
In response to Mr. Lazar 's questions, Mr. Brown stressed that Quirarte 
had announced Brown's presence on the street by creating two "scenes" 
which, in essence, deterred Brown's ability to find any illegal item 
being sold by an artist who might not have been aware of his presence. 
Mr. Lazar stated to the Committee that, as the Program's Director, he 
considered this as obstruction to staff duty. Mr. Brown corroborated 
this and said that if Quirarte was a licensed street artist, Brown would 
have cited him for this. 

Mr. Lazar referred the Commissioners to the copy of the Police Report 
filed by Mr. Samuel. 

Street artist Craig Cassin identified the letter he had written to the 
Program Director and told the Commissioners that he was a 4 : the end of 
the line of displays when he heard a commotion and saw quirarte, thirty 
feet away, standing face-to- face with Inspector Brown and aggressively 
pointing his finger at him and yelling loudly at him, then at Kick 
Rochlin, "making quite a scene" above the regular din of traffic and 
drums" in the pari-:. He heard Quirarte yell at Rochlin to admit he 
was an addict and that "A. B." (Petrow) "is a dealer." Mr. Cassin did 
not see the fight. He saw David Samuel afterward and saw that he had 
a bump on his head and looked like he had been injured. 

Street artist Linda Federsen identified the letter she had written to 
the Program Director and told the Commissioners that she was set up at 
the end of the line of displays, close to Craig Cassin's display, where 
she observed Inspector Erown walking down the sidewalk. Mr. Brown 
stopped at her display when Quirarte suddenly emerged on the scene and 
"was in his" (Brown's) "face, literally six inches away ..." Quirarte 
seemed to be agitated about a letter he had written to the Arts Commis- 
sion and was telling Brown: " 'Wally, why don't you be a man ...' " and 
Brown told him that the agency was working on it. This went on for a 
few minutes, with potential customers walking by Ms. Pedersen's stand 
and having to go around them, unable to look at her items. Brown and 
Quirarte moved away to the grassy area and continued for anout ten 
minutes. At one point, Quirarte pointed at Rick Rochlin and hollered: 
" 'You're a drug addict ... Didn't A. B,. give you drugs' ... Everything 
stopped ... People were watching them. People thought there was going 
to be violence ... Finally Nick stomped: off, saying 'Fine, I hit a 
drug dealer and I lose my license!' As he went down the street, we 
sort of all got together and literally said I feel sorry for the next 
person that gets in his way." Later on Ms. Pedersen saw David Samuel 
whose "face was a mess ... blood, scratches, bumps ..." 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - July 19, 1988 Minutes (APPENDIX) Page 6 



Commissioner Hanson said that as the artists were frequently losing 
business due to Mr. Quirarte's presence, would it not be proper to 
consider enjoining Mr. Quirarte from the street artist locations. 
Commissioner Metwally responded that most of the testimony received 
thus far was pertinent to consider enjoining him. 

Street artist David Samuel told the Commissioners that he was not the 
aggressor in the incident, that he did not attack Mr. Quirarte. He 
said that for the past year Quirarte had been harrassing him and the 
other witnesses who had testified against Quirarte on his assault 
charge before the Arts Commission. "He drives by," Samuel said, "spits 
at us, yells profanities at us ... and he was doing this all to me the 
day of the incident, May 1st." Samuel was set up on space "Beach #7" 
next to Ms. Broomall. His car was parked adjacent to Claudia Hart's 
display. She and Quirarte were leaning up against it all day. At one 
point in time, as Samuel walked by, Quirarte threatened him; Samuel 
turned around and walked back to his display. He ignored Quirarte's 
yelling of profanity at him. At another point in time, Quirarte 
walked almost in front of Samuel's display and "yelled out to everybody 
who could hear: 'I'm going down to the beach. Come on down, David - 
let's go fight.' I turned to Katrina and said, 'I'm not interested. 
I'm not going to fight this guy. That's rediculous. ' " 

Commissioner Hanson asked him what the content was of Quirarte's threat. 

Mr. Samuel replied: "He said, 'I want to bust your f g face in.' " 

Prior to this, Samuel said, Quirarte was talking to people at Ms. Hart's 
display and pointing at him and saying derogatory words which Samuel 
was trying to ignore. Samuel said that Quirarte is frequently at the 
street artist space-assignment lotteries, threatens many people, and 
is always screaming at Inspector Brown. 

Continuing with his testimony, Mr. Samuel stated that Quirarte went down 
to the Beach, came back and stood in front of Samuel's display, swore at 
him, and yelled at him as to why he didn't come down to the beach to 
fight him. Samuel ignored him; he had customers in front of his display. 
Quirarte walked over to Samuel's van, swore at him again, gave him an 
obscene gesture, then turned and spat on the side of Samuel's van. 
Samuel walked over to him and told him to wipe it off. Quira2te called 
him other profane words, said he wasn't wiping anything off, turned 
around and walked away. Samuel "reached over, and I took his arm; next 
thing I know I was flat on my back. ... John Shaw, the kite man ... 
grabbed me and was pulling me away from Nick, and Nick started kicking 
me in the face and the chest, because my arms were immobilized ... What 
happened was when I reached for Nick, he grabbed my arms and pulled me 
off-balance toward him, at the same time yelling at the top of his 
lungs, 'Why are you attacking me, David] Why are you attacking me!' 
And then he threw me backwards, and I landed flat on my back. And 
that's when he started kicking me. ... I was wearing my glasses; I 
would not attack somebody, wearing my glasses which ended up being 
destroyed. ... My entire face was covered with blood. He put a lot 
of cuts on my nose ... And I had bumps on the side of my head where 
he kicked me." Samuel had X-rays taken of his spine; he was in such 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - July 19 , 1988 Minutes (APPENDIX) Page 7 



pain that he could not sit for over a week. John Shaw, who had tried 
to pull him away, later apologized to him, saying " 'I wish I had let 
you be, because there was a possibility you might have been able to 
protect yourself more.' " 

Mr. Samuel added that, after his filing a Police report, the Police 
arrested Quirarte for this assault, and the District Attorney had felt 
that there was a case against him because of Samuel's having been a 
witness against him in the case of his other assaults, which was heard 
by the Arts Commission. Mr. Samuel said that he learned that Quirarte 
went to court on July 8th and received a five-day contempt of court. 
He is scheduled to appear in court again on August 2nd. 

Mr. Samuel referred the Commissioners to a leaflet, attached to his 
statement, which was recently handed out, he said, at a Saturday lottery 
by Quirarte and Mari-Ellen Rowe. The leaflet asks the questions: "Has 
David Samuel ever verbally assaulted you?" "Has David Samuel ever 
physically intimidated you?" "If the answer is yes to any of these 
questions, why don't you come to David's hearing by the Art Commission 
..." Mr. Samuel received the leaflet from his wife who had received 
it from Ms. Rowe. 

Commissioner Hanson questioned Mr. Samuel on the written allegation 
by witness Heidi Gibbs that he ran toward Quirarte. Mr. Samuel said 
that he did not run toward him; he walked over to him, after Quirarte spat 
on his van. Samuel told the Commissioners that he did not call the 
Police because he knew from experience that the Police would not come 
out if he told them that someone spat on his van. 

Commissioner Metwally summarized the findings from the hearing: there 
was one witness why by letter and telephone alleged that Samuel 
assaulted Quirarte, but the witness was not present; there was one 
witness who saw the middle of the fight; there were various witnesses 
whose testimony established Quirarte 's character and style of behavior 
with people. The Commissioner said she did not see enough evidence 
to find that Samuel assaulted Quirarte. 

Commissioner Hanson stated she was in accord with this, and asked if 
there was anyone present with any evidence or substantial opinion that 
would be against this ruling. 

Street artist Eunice Rodriguez stated that he has known David Samuel 
for twelve years, and that twelve years ago she had had a confrontation 
with him, bujt that they were very good friends now. She said that he 
was "not difficult to get along with; he's not an agitat-r." 

Street artist Mark Monsarrat stated that in his five years as a street 
artist he has never seen or heard of David Samuel becoming violent. 
He stated that he, too, had been in an exact, parallel situation with 
Quirarte. He asked if there was any way that the Arts Commission could 
pursue a restraining order on Quirarte. 

Continued 



STREET ARTISTS PRQ3RAM COMMITTEE - July 19, 1988 Minutes (APPENDIX) Page 8 



Street artist John Bass stated he was a witness at Mr. Quirarte's 
revocation hearing. Mr. Bass supported the Arts Commission's seeking 
an injunction to keep Quirarte from coming within a specified distance 
of any street artist in any street artist location in the city. He 
said that the Arts Commission, as a City department - and not the artists 
- should have the resources to seek an injunction. Furthermore, the 
Commission has a responsibility to the people who took the risk to come 
forward and testify against Quirarte. 

Street artist Dikran Knoble said he has known Mr. Samuel for fourteen 
years and has never seen him act in an unpleasant manner. 

Street artist Kirk Turner said he was in support of an injunction 
against Quirarte. He said that he, too, was a witness against him and 
that, since that time, has received several obscene telephonecalls 
from him which are on tape and are filed with the Police. 

Commissioner Metwally moved that it be found that there was insufficient 
eveidence to support the charge, and that the charge of assault by 
David Samuel be dismissed; the motion was seconded by Commissioner 
Hanson and unanimously approved. 

Commissioner Hanson moved that the Arts Commission proceed to determine 
a legal way to restrict the presence of Nicholas Quirarte from any 
street artist location, including any location where a street artist 
lottery for spaces is held, during street artist business hours; the 
motion was seconded by Commissioner Metwally and unanimously approved. 

Commissioner Hanson moved that it be the policy of the Ar^s Commission 
to expect street artists to walk away when violence is threatened, to 
do what is necessary to avoid violence, rather than to participate in 
violence, this being in keeping with the Arts Commission's power to 
suspend or revoke the certificate of any street artist when, af^er 
public hearing, it appears that the artist was conducting his or her 
business in a disorderly, improper or hazardous manner; the motion 
was seconded by Commissioner Metwally and unanimously approved. 







SP £lrk Cr* 



STREET ARTISTS PROGRAM COMMITTEE 



45 Hyde Street 

Suite 319 

San Francisco, CA 94102 

415 558 3463 



MAYOR 

Art Agnos 



COMMISSIONERS 

Jacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Timothy Duncan 
Stanley Eichelbaum 
Jo Hanson 
William Paterson 
Anna-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
Felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



August 2h, 1988 

Main Library-Civic Center 

Commission Room 

San Francisco, California 



MINUTES 



DOCUMENTS DEPT; 

SEP 12 1985 

SAN FkANClSOO 

PHPI IO I IRO*nv 



Commissioners present: Hanson, Metwally 

Commissioner Hanson, Chair, called the meeting to order at ~$'.k0 p.m. 

I HEARINGS ON ALLEGED VIOLATIONS 

A. John Cracas . Mr. Cracas was not present. Program Director 
Lazar stated that he had received a copy of a summons for 
Mr. Cracas to appear in Municipal Court, Traffic Division, 
scheduled for the same afternoon as his Program Committee 
hearing. Mr. Lazar presented the copy to the Committee. 
Commissioner Metwally moved that Mr. Cracas' hearing be 
continued to the following month's meeting of the Committee; 
the motion was seconded by Commissioner Hanson and unanimously 
approved. 

B. Martin Butschek . Mr. Butschek was not present. Mr. Lazar 
submitted to the Committee a letter fr m Attorney Craig Kepler 
requesting a continuation due to the attorney's prior com- 
mitments. Mr. Lazar told the Commissioners that the City 
Attorney's office felt that since this was the first time Mr. 
Butschek was notified for hearing on this case, and since it 
appeared his attorney had only very recently been requested 

to represent him, it would be in order for the Commission to 
grant a continuation at this time. Commissioner Metwally 
moved that Mr. Butschek 's hearing be continued to the follow- 
ing month's meeting of the Committee; the motion was seconded 
by Commissioner Hanson and unanimously approved. 

C. Gat Wah Lee Chen . Mr. Lazar submitted his "Report of Alleged 
Violation of Street Artists Ordinance" and photographs of 
Mrs. Chen's display taken on July 1, 1988, 3:00 p.m., on 
Beach Street (at Hyde). He had cited her for (l) displaying 
items not of her own creation (metal-beaded necklaces on 
cotton thread, made in India, and ■commercially-manufactured 
inlay earrings) ; and (2) displaying items not in accord with 
Arts Commission criteria (button-bead earrings not in accord 
with the "buttoncraft" criteria). Mr. Lazar submitted evidence 
of the alleged necklaces from India: necklaces he purchased 

at two stores in the Gift Center. He called the Committee's 
attention to the purchased strands as depicted in the photos 
of Mrs. Chen's display: one strand comprised of a sequence of 
two black beads and three silver beads, the same strand, he 
said, he purchased at Wing Lee Trading for $5*00; another 






Continued, 



STREET ARTISTS PROGRAM COMMITTEE - August 24, 1988 Minutes Page 2 



strand comprised of copper beads, also purchased, he said, from 
Wing Lee Trading; and a third strand, which Mr. Lazar 's purchased 
evidence bore the label "made in India," comprised of brass, silver, 
and copper beads (the evidence sample purchased from Manson Accessories, 
Inc.). All the evidence strands, Mr. Lazar said, were purchased froD' 
the stores at $5. 00 each. 

Commissioner Metwally asked Mrs. Chen what prices she had been asking 
for the necklaces depicted in the photos. Mrs. Chen replied $15.00 
and $18.00. She also stated that she had purchased all of the strands 
as was submitted as evidence. She said she often shortened the strands 
into bracelets and earrings. 

Mr. Lazar clarified that while street artists may shorten or re-string 
store-bought necklaces, the artists are nevertheless prohibited from 
selling them as the same design pattern as purchased. Mrs. Chen told 
the Commissioners that she did not change the pattern for all the 
necklaces. She also stated that there were other artists who sold 
more of such items than she had. 

Mr. Lazar said that the button-bead earrings for which he had cited 
Mrs. Chen were round, bead-like buttons attached to commercially- 
manufactured posts or pins, and that Mrs. Chen had not altered the 
button-beads at all. Mrs. Chen told the Commissioners that she dri'lfi 
the holes for the posts. Mr. Lazar said this was not sufficient to 
warrant it as a craft. The Commissioners reviewed the "buttoncraft" 
criteria in the Program's bluebook: "Commercially manufactured buttoi • 
used as jewelry must be predominantly and/or significantly altered 
on the face of the button - for example, with painting, carving, CO - 
lage - or they must have two or more integral parts - for example, 
additional buttons, beads, feathers, or metal parts - that significnn b 
alter the commercially manufactured button." 

Commissioner Hanson explained to Mrs. Chen that the primary rule of 
the Street Artists Program is that the artist must make the work he/ 
she sells, and that a violation of this rule merits a suspension 
of certificate for two months. The penalty, she said, was meant to 
be severe because the Arts Commission meant for street artists to 
sell only what they make. Mr. Lazar added that this was the purpose 
of the law's Advisory Committee screening Mrs. Chen's wares prior 
to her receiving a certificate. 

The Commissioners explained to Mrs. Chen the hearing and appeal 
procedire involving the Program Committee, the Arts Commission, and 
the Board of Permit Appeals, and Mrs. Chen's right to appeal at 
every level of the procedure. The Commissioners also clarified 
that she could continue selling until any suspension would be imposed 
on her. The Commissioners informed her of the approximate time of 
her two-month suspension (if approved): a period extending from the 
third week of September to the third week of November, if Mrs. Chen 
chose not to go to the Board of Permit Appeals; or a period from 
mid-October to mid-December, if she did go to the Board of Permit 
Appeals and the Board upheld the Arts Commission's decision. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 2h % 1988 Minutes 



Page 3 



Commissioner Hanson moved that Mrs. Chen be found in violation of the 
street artists ordinance by having displayed items (beaded necklances) 
not of her own creation; and that Mrs. Chen's certificate be suspended 
for a period of two months, as per the standard penalty for such 
violation; the motion was seconded by Commissioner Metwally and unan- 
imously approved. 

Mr. Lazar stated that he would send Mrs. Chen a letter informing her 
of the date, time, and location of the Arts Commission meeting. 

D. Yu Chun Ngan Suen . Program Director Lazar submitted his "Report of 
Alleged Violation of Street Artists Ordinance" with photographs of 
Mrs. Suen's display taken on July 1, 1988, 3*10 p.m., on Beach Street 
(at Hyde). Mr. Lazar had cited her for (l) displaying items not of 
her own creation (metal-beaded necklaces on cotton thread, made in 
India); and (2) displaying items not in accord with Arts Commission 
criteria (button-bead earrings not in accord with the "buttoncraft" 
criteria) . 

With respect to the alleged violation of criteria, Mrs. Suen told the 
Commissioners that she made the holes in the beads for the posts. Mr. 
Lazar clarified that this was not sufficient to meet the criteria, 
that she must, for example, paint or carve on the bead-button itself 
in order to significantly alter the button. Mr. Lazar clarified that 
the new criteria, "butetoncraft ," was adopted some time after Mrs. Suen 
had been certified; there was the possibility that she may not have 
been aware of the criteria. She did not call the office for an appoint- 
ment to screen the button earrings. She may have, he said, considered 
the button earrings as part of "beadcraft" for which she was already 
certified. 

Notwithstanding this, Mr. Lazar said, Mrs. Suen's display of necklaces 
which she did not make was a clear violation of the ordinance. Mr. 
Lazar called the Committee's attention to several necklaces in the 
photograph and matched them with samples he had purchased from the 
Gift Center: a necklace comprised of the pattern one silver bead fol- 
lowed by one black bead (the evidence purchased from Wing Lee Trading) ; 
and a necklace comprised of the pattern four silver beads followed by 
four brass beads followed by four copper beads (the evidence purchased 
from Manson Accessories, Inc.). 

Mrs. Suen told the Commissioners that she had not displayed the items 
for the purpose of selling them; she had purchased them in order to 
make earrings and bracelets from them, or to extract beads from them 
to be made into her own designs, at the request of customers. She 
said she had forgotten to store the purchased necklaces under her 
display. 

Commissioner Metwally clarified that Mrs. Suen was not entitled to 
display these necklaces or to hang them from her display, as was noted 
in the photos. 

Commissioner Hanson moved that Mrs. Suen be found in violation of the 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - August 2*f, 1988 Minutes 



Page 4 



street artists ordinance by having displayed items (beaded necklaces) 
not of her own creation; and that Mrs. Suen's certificate be suspended 
for a period of two months, as per the standard penalty for such 
violation; the motion was seconded by Commissioner Metwally and unan- 
imously approved. 

Commissioner Hanson informed Mrs. Suen of the steps in the hearing- 
appeal procedure involving the full Arts Commission and the Board 
of Permit Appeals. Mr. Lazar told her he would notify her of the 
date, time and location of the Arts Commission meeting. 

While the Commissioners noted that the penalties for violations were 
listed in the Program's handbook (bluebook) , which is disseminated 
to all street artists, Commissioner Metwally proposed that the Program 
compose a simple, one-page information sheet listing the offenses and 
their penalties. This would, she said, be more easily understood by 
all artists, especially for those who speak minimal English. Mr. 
Lazar proposed that the offenses be shown in pictures also, so that 
they could be more universally understood. Commissioner Metwally 
also proposed that the information sheet reference the handbook to 
the pages on which the offenses and penalties are discussed. 



II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIF CCATE 

A. Zhenbin Feng - Certificate #2863 expired February 3, 1986; his request 
for priority was received by the Program on June 2*+, 1988 (hearing re- 
scheduled from July 19, 1988). Mr. Feng was not present. No action 
was taken. 

B. Danielle LeBon - Certificate #2872 expired May 10, 1988; renewal payment 
from Ms. LeBon was received by the Program on August l^th. Commissioner 
Hanson moved that Ms. LeBon 's request for priority be approved; the 
motion was seconded by Commissioner Metwally and unanimously approved. 






Ill RECOMMENDATIONS FROM STREET ARTISTS LIAISON COMMITTEE RE: LOTTERY PROCEDURES 

Mr. Lazar reported that it was necessary for the Liaison Committee to m<>e< 
on the recommendations they had initially proposed in order to refine them 
before submitting them to the Program Committee. 

The meeting adjourned at k:^>0 p.m. 



Respectfully submitted: 
Howard Lazar 





A70.1S 
* 



/0/H/S8 



♦5 Hyde Street 

Suite 319 

San Francisco, CA 94102 

*15 558 3463 



SF OLuf t-Co i^i/ijL 



STREET ARTISTS PROGRAM COMMITTEE 



October ]A, 1988 

Main Library-Civic Center 

Commission Room 

San Francisco, California 

MINUTES 



DOCUMENTS DEPT. 
OCT 2 4 1863 

SAN FRANCISCO 
PUBLIC UbHARV 



MAYOR 
^rt Agnos 



COMMISSIONERS 

lacqueline Nemerovski 
President 

Robert LaRocca 
Vice President 

Vernon Alley 
Stanley Eichelbaum 
|o Hanson 
William Paterson 
4nna-Marie B. Metwally 
George T. Rockrise 
Peter Rodriguez 
Roselyne C. Swig 
felix M. Warburg 

EX OFFICIO MEMBERS 

Presidents of the 
Fine Arts Museum, 
[.Library Commission, 
• Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR 
Claire N. Isaacs 



Commissioners present: Metwally, Warburg 

Commissioner Metwally called the meeting to order at 3^35 p.m. 

I HEARINGS ON ALLEGED VIOLATIONS 

A. John Cracas - Certificate # 2993* Mr. Cracas was not present. 
Program Director Lazar presented a letter received the day 
before from Mr. Cracas, requesting a postponement of his 
hearing; and a letter received that morning from Mr. Cracas* 
attorney, Mr. Bruce Bernstein, stating his inability to be 
present, his advice to his client to not attend the hearing 
without him, his request for postponement, and his acknowledg- 
ment of his client's right to appeal the Committee's recom- 
mendation. 

Mr. Lazar clarified that Mr. Cracas had been scheduled for a 
hearing with the Program Committee on August 24th and the 
Committee had granted him a postponement because of his commit- 
ment to be in court that day. Mr. Lazar had then written to 
Mr. Cracas on September lA-th informing him that there would 
be no meeting of the Committee in September and that his hearing 
was rescheduled for the meeting of October l4th. Wftile Mr. 
Cracas now had an additional month to prepare his case, his 
attorney contacted Mr. Lazar as late as September 30th and told 
him that he had only recently been retained. Mr. Lazar told 
him he would not ask the Program Committee for another post- 
ponement, as Mr. Cracas had been notified for hearing two 
months previously, had had ample time to retain an attorney, 
and that furthermore the Arts Commission's hearing procedure 
provided that, if an artist did not appear for hearing, the 
Program Committee could recommend the penalty for the violation 
of which the artist is charged. 

Commissioner Metwally ascertained that the witness, former Street 
Art Inspector Wallace Brown, was present to give testimony. The 
Commissioner recommended that her Committee proceed with the 
hearing; Commissioner Warburg concurred. 

Mr. Brown acknowledged the written report he had made in 
reference to Mr. Cracas on May 22, I988 and described the 
incident. On that day Mr. Cracas was set up on Leavenworth 




Continued, 



STREET ARTISTS PROGRAM COMMITTEE - October lA, 1988 Minutes Page 2 



Street close to the corner of Jefferson Street. (Mr. Brown drew a 
map of the location on the blackboard.) He said that Mr. Cracas had 
been assigned to the selling space known as "Leavenworth 1" whose 
number and dimension brackets were painted on the sidewalk. Instead 
of having his display in accord with the configuration of the brackets, 
which describe an area four feet long and three feet deep, Mr. Cracas 
had set up his display in a configuration of three feet long and four 
feet deep, therefore exceeding the depth dimension by one foot and 
placing the display into an area not designated for selling. 

In addition, Mr. Brown stated that Mr. Cracas was exceeding the five- 
foot height, limit of the display by having a sign attached to the 
display which added a foot to its height. Mr. Brown said that he 
had verbally warned him about the sign on many occasions. Furthermore, 
he had given him a written warning nearly a year before, on 
September 5i 1987i for his display exceeding the width dimension by 
one and a half feet and not being in the legal configuration of the 
space. (Mr. Lazar showed the Commissioners a copy of the written 
warning, as well as the photograph which Mr. Brown took of the display 
on May 22, 1988.) 

Mr. Brown stated that Mr. Cracas' sign, which caused the display to 
exceed the height limit, had blocked the public's view of the other 
portrait artists in the adjacent spaces. 

Comrdssion er Metwally moved that it be recommended that John Cracas 
be lound in violation of the street artist ordinance by selling in 
an area not designated by the Board of Supervisors (by exceeding 
the three-foot depth dimension) and by exceeding the five-foot 
height limit of the display; and that Mr. Cracas' certificate be 
suspended for a period of three weeks, as per the standard penalty 
for such violations. The motion was seconded by Commissioner War- 
burg and unanimously approved. 

Mr. Lazar stated that he would notify Mr. Cracas and his attorney 
of the date and location of the next full Arts Commission meeting. 

B. Martin Butschek - Certificate # 3300. Mr. Butschek and his attorney, 
Mr. Craig Kepler, were present. Mr. Kepler submitted a written 
"Hearing Memorandum" and signed declarations by street artists 
Kathleen Hallinan and Betty Bundschu. 

Program Director Lazar referred the Commissioners tc the Report of 
A'.leged Violation of July 17, I988, submitted by former Street Art 
Inspector Wallace Brown. Mr. Brown testified to his remarks in the 
report and used the blackboard to describe Mr. Butsciek's location 
aA the time of the incident. 

Or Friday, July 15, 1988, Mr. Brown related, street trtist Betty 
Bundschu had picked selling space "Jefferson 9" and had left her 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1988 Minutes Page 3 



table with her lottery slip attached to it in the space. Mr. Brown 
observed Mr. Butschek between 10:30 - 11:00 a.m. sketching customers. 
Mr. Butschek' s display, he said, was in a U-shaped configuration in 
Ms. Bundschu's space, enclosing her table. Mr. Brain clarified that, 
according to the space occupancy rule, when an artist leaves their 
table and lottery slip in their space, the space is theirs - and 
theirs alone - throughout the day until midnight, and no other artist 
may use the space. If Ms. Bundschu had not put her table up, it 
would have been legal for Mr. Butschek to sell in her space until 
11:45 a.m. If she did not appear at 12:00 noon to claim her space, 
the space could have been re-assigned to another artist. Mr. Brown 
reiterated that, in this case, Ms. Bundschu had left her table with 
her slip or, it in the'space she had selected, which meant that only 
she could have used the space from the time she received it until 
midnight. But on Friday, July 15th , he said, Mr. Butschek was using 
the space. On Sunday, July 17, 1988, at 11:15 a.m., Mr. Brown saw 
Mr. Butschek in space "Jefferson 6" and gave him a verbal warning that 
what he had done on Friday was illegal and to not do the same on this 
day. Mr. Butschek had asked him how he knew this, and Mr. Brown had 
replied that he had not realized it until some time later when he 
was examining the spaces sign-up shett. Mr. Brown gave him the warning, 
he said, to give him the opportunity to leave "J-6" because he suspected 
that Mr. Butschek was selling in the same manner as he had done on 
Friday. Mr. Brown left to observe the artists on Beach Street, 
received the sign up sheet, and returned to Jefferson Street an hour 
later, 12:15 p.m. He observed Mr. Butschek in the same space as at 
11:15 a.m. He went around the back of Mr. Butschek 1 s display and 
saw Ms. Kathy Hallinan's table in the space. When he told Mr. Butschek 
he was going to cite him, Mr. Butschek started to pack up his display 
and he said, "I'm leaving right now." Mr. Brown replied, "It's too 
late ; you should have been gone already." In summary, Mr. Brown said 
he saw Mr. Butschek committing the same violation for which he had 
received a warning. 

Mr. Brown acknowledged the sign up sheet for Sunday, July 17th, which 
Mr. Lazar sumitted as evidence to the Committee. Mr. Brown identified 
the name of Kathy Hallinan ("Kathy") and her certificate number ("899") 
entered on the sign up sheet beside Jefferson Street space number "6". 
He stated that her table had had her lottery slip on it. 

Mr. Lazar clarified that the Arts Commission's space occupancy rule 
may be translated in terms of the street artist ordinance, Ordinance 
4l-83 i as Section 2405(c) (ll) which states "... street artists shall 
sell ... not within five (5) feet of the display of any other street 
artist." By Mr. Butschek's selling in another artist's space, he 
said, Mr. Butschek was in violation of Section 2405(c) (ll). 

Mr. Butschek, in response to questions by his attorney, stated that 

he sold in space "J-9" on July 15th, that he arrived there after 1:00 p.m., 

that he never worked there before noon. It was true, he said, that he 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - October lk, I988 Minutes Page k 



spoke to Mr. Brown on that day, but it was not in the morning. He 
also stated that there was no lottery slip left in the space. 

Mr. Kepler stated that he wanted the Commissioners to note that 
while Mr. Brown had testified that he saw Mr. Butschek in the space 
at 10:15 a.m., a sworn declaration from Betty Bundschu said that 
she did not actually mark her space until shortly before noon. 

Mr. Kepler further stated that it was a common occurrence that an 
artist will put their table up with a lottery slip and that the wind 
will blow the slip away; another artist arrives later in the after- 
noon and finds a table there with no slip on it and assumes that it 
is not a marked space and therefore sets up and works in it. This, 
he said, is what Mr. Butschek did. According to Ms. Bundschu' s 
declaration, when Ms. Bundschu arrived at her space at about 3«00 p.m., 
she found that her slip was gone, and she told Mr. Butschek that she 
had been given the space, and he voluntarily vacated it. Mr. Kepler 
stated that he did not feel that what happened on July 15th was 
relevant to what happened on July 17th, other than Mr. Brown's 
statement that he gave Mr. Butschek a warning. 

In answer to further questions by his attorney, Mr. Butschek stated 
that he arrived at "J-6" in the morning, and found that the space had 
not been marked. Ms. Hallinan arrived to claim her space at about 
11:^5 a.m. She set up her display with her lottery slip on it. 
Mr. Butschek had a customer. Ms. Hallinan told him not to worry, 
that she had some business to attend to. Mr. Butschek told her he 
would vacate the space as soon as possible. Mr. Brown approached 
him and said, "Oh, you're here?" and Mr. Butschek explained to him 
that Ms. Hallinan had just arrived and put up her display and lottery 
slip, and for that reason, he had to finish with his customers. 

At this point in the hearing, Mr. Butschek asked Mr. Brown is he 
recalled that he had customers at the time and that he would like 
to finish drawing them. Mr. Brown replied that it was already 
after 12:00 noon when he came back and saw Mr. Butschek still working 
while Ms. Hallinan 's table was there with a slip on it. 

Commissioner Metwally asked Mr. Butschek if he was working in that 
location after 12:00 noon. Mr. Butschek responded that he did not 
look at his watch, that he was busy drawing. 

Mr. Kepler stated that Mr. Butschek was not somebody who is a violator 
of the rules and was not somebody who usurps artists' spaces which, 
he said, was a common practice among street artists. When seeing 
that the owner of a space arrives, Mr. Butschek is one who is willing 
to finish with his last customer and to pack up and leave. There is 
no one in this situation, Mr. Kepler said, who is inconvenienced. 
Perhaps his client should have been more watchful of the clock. at 
around 11:35 a.m.; his only offense, he said, was a little bit of 
neglect of the time. Since this was the first time Mr. Butschek was 
ever cited for this offense, Mr. Kepler said that a warning in his 
file would be more appropriate than a suspension of his license for 
three weeks. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1988 Minutes Page 5 



Mr. Kepler stated that he thought Mr. Brown's warnings were inherently 
unreliable; there was a sworn statement from the person who was as- 
signed the space. Mr. Brown's warning, he said, should not be given 
any great credence; the Committee should limit its consideration to 
the facts that occurred on July 17th. 

Program Director Lazar asked Mr. Kepler why Ms. Bundschu and Ms. Hallinan 
were not present. Mr. Kepler replied that he did not want to ask them 
to take an afternoon off from their work to come in. Mr. Lazar stated 
that in these violation hearings, there were many people he would 
have not wanted to call in, but he had been told by the City Attorney's 
office that their signed statements would not be sufficient for 
consideration at a hearing, that they must come in to testify, other- 
wise their written statements might be considered as heresay. 

Mr. Kepler stated that in law-in-motion, a sworn statement is admissable 
as evidence. He assumed that law-in-motion applied to an administrative 
hearing as well as in court. 

Commissioner Metwally summed up that there was a dispute over the time 
the space was marked on July 17, 1988. She stated that ignorance of 
the law was no excuse, that street artists are responsible for know- 
ing the rules and abiding by them. She stated that they had heard 
many cases in which the violation had been committed for the first 
time. The Commission was trying to be more systematic by adopting 
standard penalties. The Commission wanted people to know that they 
have to abide by the rules. 

Mr. Kepler responded that while he understood that the Commission 
was attempting to send a signal to the artists, he felt that in the 
recent Gat Wah Lee case in which there was a blatant resale of 
wholesale merchandise, such a signal was not sent to the artists - 
in fact, the suspension was waived. While the Gat Wah Lee case 
involv d a direct violation of the whole purpose of the Program, 
Mr. Butschek's case, he said, represented simply a few minutes' lag 
time of a minor administrative rule by somebody who otherwise attempts 
to comply with the Program. Mr. Kepler said he and his client were 
appealing to the Commission's discretion in granting some leniency 
in this matter. 

Commissioner Metwally stated that, in her view, the Arts Commission 
had made it clear what the rules are, and that all the artists have 
the same responsibility to respect and abide by the rules, and that 
furthermore it is very easy to wear a watch and to abide by time. 
She did not, therefore, see any reason for leniency in this case. 
She recommended that Mr. Butschek be found in violation and that he 
receive the standard penalty. 

Mr. Butschek stated that he had not been aware of the rule, and that 
it was currently being violated. 



Continued- 



STREET ARTISTS PROGRAM COMMITTEE - October Ik, 1988 Minutes 



Page 6 



Mr. Lazar clarified that the space occupancy rule came from repre- 
sentatives of the Street Artists Program; it had not been proposed 
by the staff nore by the Commission. It was brought through several 
hearings of the Street Artists Program Committee and Arts Commission. 

Commissioner Metwally moved that it be recommended that Martin 
Butschek be found in violation of the street artist ordinance by 
selling within five feet of the display of another street artist; 
and that Mr. Butschek's certificate be suspended for a period of 
three weeks, as per the standard penalty for such violation. The 
motion was seconded oy Commissioner Warburg and unanimously approved. 



II NEW BUSINESS 

Mr. Lazar introduce 1 Mr. Joseph W. Thomas, the new Street Art Inspector, 
to the Commissioner 5. 



The meeting adjourred at k:^>0 p.m. 



Respectfully submitted: 



Howard Lazar